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On Fuller's View Of Legal Orde

Posted on:2024-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:J GuoFull Text:PDF
GTID:2556306914468484Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Fuller is a representative of the new natural jurisprudence and is committed to constructing a "good social order".Fuller believed that order is indispensable to the existence and development of human society,and divided the order into social order established between unequal subjects and social order established between equal subjects,and believed that order has good and evil.Fuller distinguishes this "autonomous" order from the order imposed by the state,and believes that law represents such a universal order,a legalization of good order.Fuller’s legal thought was born in a specific era and had a certain theoretical background.He enriched his own legal thought in the process of debating with Hart,inherited and developed the traditional natural jurisprudence,and opened up a new field for the traditional natural jurisprudence.On the issue of legal order,Fuller argues that legal order is neither a means nor an end,but an organic combination of both,through the natural law methodology of "means-ends".Fuller’s discussion of "good order" proves that order itself has a moral character.Based on the theory of morality of law,Fuller argues that the fundamental purpose of the construction of legal order is to let people live a happy life.In contemporary times,Fuller’s view of legal order is of great significance to the development of jurisprudence and has a positive effect on the construction of socialist rule of law in China.
Keywords/Search Tags:Fuller, legal order, natural jurisprudence, morality of law
PDF Full Text Request
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