Discuss Fuller’s Internal Moral Theory Of Law

Fuller was born in the early 20 th century and is a representative of the New Natural Law.His most important theoretical contribution is to put forward the theory of law’s inherent morality.In the first half of the twentieth century,the development of capitalism exacerbated social contradictions,and the evil behavior of the Nazi regime caused people to think about the legal justice.Fuller was influenced by the classical school of natural law and insisted on the theory of the necessary connection between law and morality.On the proposition that law and morality are necessarily connected,the New Natural Law represented by Fuller and the Analytic Empirical Law represented by Hart have been arguing for more than ten years.In this controversy,Fuller made his own way,first of all taking the understanding of human nature and the interpretation of expectations as the premise.With the help of a set of ethics concepts: the morality of duty and the morality of wishes,he laid the foundation for the concept of the morality of law basis.Fuller summed up the eight legitimacy principles of the law’s inherent moral theory.These eight principles identified the law as a condition of the law from a procedural perspective.Therefore,Fuller’s internal moral theory of law is also called procedural natural law.Ultimately,Fuller positioned his understanding of law on the concept of "subordinating human behavior to the cause of rule of law."Fuller’s theory of the law’s inherent morality provides a new interpretation of the definition of law from the perspective of the logic of the law itself,and repositions the role of reason in law.On the other hand,he put forward the standard of good law in the general sense from a procedural perspective,and his interactive legal view helped the citizens to "loyal to the law" and promoted the development of legal thinking.By digging through the content and value of Fuller’s law’s inherent moral theory,we can find that the most important enlightenment of its theory to the construction of the rule of law in our country lies in: establishing good laws to protect the justice of the law itself,and focusing on serving the objective from a procedural perspective.Thereby further improving the legal system.