A Research On The Relationship Between Law And Morality In Fuller's The Morality Of Law

As a famous jurist in the 20 th century,Fuller's thoughts not only influenced the Western English speaking countries,but also influenced the legal and ethical circles in China.The formation of Fuller's Thought on the relationship between law and morality mainly stems from the debate with HART on the "the Informer's case".After criticizing and integrating Hart's views,he creatively put forward the "morality of law".This new view is not only the sublation of traditional natural law,but also the criticism and inheritance of empirical analysis.Fuller's thought of the relationship between law and morality mainly comes from the debate with positivism.Therefore,this part focuses on Fuller's definition of morality and its core issues.In the morality of law,fuller first redefines morality,and divides morality into morality of obligation and morality of desire by virtue of ethical terms.Secondly,it puts forward the innovative view of "internal morality" of law.This view has been strongly criticized by some scholars,the main question of which is whether the principle of legality can be called morality.Fuller argues against critics on this issue,arguing that he ignores the influence of morality on law and the interaction between legislators and law enforcers.Moreover,the observance of the principle of legality has its own moral value.The final conclusion is that morality makes law possible.Fuller's unique views on the relationship between law and morality not only have rich theoretical value to natural law and empirical analysis law,but also have important practical significance to the construction of legal culture in China.On the one hand,the traditional legal culture of our country has the characteristics of "rule by man",on the other hand,it takes into account the characteristics of "rule by law" and "rule by virtue",and emphasizes the characteristics of rule by virtue first.Therefore,the reference of Fuller's Thought on the relationship between law and morality should be based on the respect of Chinese tradition and give full play to the supporting role of morality in the rule of law culture.