The Morality of Law¶
Fuller, L. L. (1964). The Morality of Law. Yale University Press.
Cited by¶
3 citations across 3 artifacts.
Each citation links to the sentence it supports in the citing article.
Primes¶
- No One Is Above the Rules
- Procedural Rule-of-Law Doctrine: Fuller (1964) articulated the internal morality of law — generality, publicity, prospectivity, clarity, non-contradiction, possibility of compliance, constancy, and congruence between official action and announced rule.
This sourceArticulates the "inner morality of law" through eight desiderata—generality, promulgation, prospectivity, clarity, non-contradiction, possibility of compliance, constancy, and congruence between official action and declared rule—each of which underwrites procedural notice and the capacity of legal subjects to know and answer the standards applied to them.
- Procedural Rule-of-Law Doctrine: Fuller (1964) articulated the internal morality of law — generality, publicity, prospectivity, clarity, non-contradiction, possibility of compliance, constancy, and congruence between official action and announced rule.
- Procedural Fairness (Due Process)
- The four-element architecture has refined operational meaning that varies by element. Notice carries the requirements Fuller (1964), in The Morality of Law, identifies as inner-morality desiderata of a legal order capable of guiding behavior: promulgation, clarity, prospectivity, accessible language, and delivery through channels reasonably calculated to reach the affected party.
This sourceArticulates the "inner morality of law" through eight desiderata—generality, promulgation, prospectivity, clarity, non-contradiction, possibility of compliance, constancy, and congruence between official action and declared rule—each of which underwrites procedural notice and the capacity of legal subjects to know and answer the standards applied to them.
- The four-element architecture has refined operational meaning that varies by element. Notice carries the requirements Fuller (1964), in The Morality of Law, identifies as inner-morality desiderata of a legal order capable of guiding behavior: promulgation, clarity, prospectivity, accessible language, and delivery through channels reasonably calculated to reach the affected party.
- Rule of Law
- It rests on two structural commitments: rules apply uniformly and without exception to every entity in scope (the same rule yields the same treatment independent of identity, rank, or power), and any rule-generating or enforcing element is itself within scope, not above it — a reflexive self-binding Fuller (1964) developed as the inner morality of law, distinguishing systems where rule-makers are bound by their own rules from those where they stand outside them.
This sourceArticulates the "inner morality of law" through eight desiderata—generality, promulgation, prospectivity, clarity, non-contradiction, possibility of compliance, constancy, and congruence between official action and declared rule—each of which underwrites procedural notice and the capacity of legal subjects to know and answer the standards applied to them.
- It rests on two structural commitments: rules apply uniformly and without exception to every entity in scope (the same rule yields the same treatment independent of identity, rank, or power), and any rule-generating or enforcing element is itself within scope, not above it — a reflexive self-binding Fuller (1964) developed as the inner morality of law, distinguishing systems where rule-makers are bound by their own rules from those where they stand outside them.
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