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The Morality of Law: Revised Edition (The Storrs Lectures Series)
Download PDF The Morality of Law: Revised Edition (The Storrs Lectures Series)
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Review
"This is an exception in that it comes as close as is feasible to resenting legal philosophy in popular form. . . . He has managed the considerable trick of making his thoughts palatable and even entertaining."―Library Journal"An important contribution of general interest to the study of the nature and function of law. . . . Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for thought."―Law Times"Essential reading for all who are interested in following the growth of jurisprudence and in relating it to the sound scientific analysis of law."―The Annals"A most valuable and challenging essay on the nature of law."―Choice"For the beginner as well as the seasoned student of legal philosophy, The Morality of Law contains an excellent assortment of ideas demanding further thought."―Edwin W. Tucker, Indiana Law Journal"This is an important book. The background to it is the age-old controversy whether the validity of 'law' rests solely on formal criteria (Positivists), or an a moral element in addition to formal criteria (Naturalists). Professor Fuller argues persuasively in support of the latter."—Cambridge Law Journal"Although this book is small, its content is both deep and thought provoking. It should be read not only by Professor Fuller's colleagues in the teaching of jurisprudence, but also by all those academics and practicing lawyers who seriously maintain that their education did not cease with law school."—Ralph F. Bischoff, New York Law Journal"The Morality of Law will find a place among the important books in the history of American legal philosophy. It includes insights into the relations between morality and law, and advances a theory of law of great practical relevance. . . . [This] is the best discussion of the demands of the rule of law in existing literature, . . . filled . . . with many brilliant insights. . . . The book should be widely read."—Robert S. Summers, Journal of Legal Education"The book is a provocative one which is certain to excite much academic comment here and abroad."—Harvard Law Record"To both students and scholars, this work is highly recommended. The author has opened many new avenues of inquiry while dealing with the many old questions raised in any discussion of morality and law and of natural versus positive law."—Gerald W. Johnson, Tennessee Law Review"Throughout this profound, imaginative and keenly analytical work, [Fuller] demonstrates his continuing concern with the tension in morality and law between the 'is' and the 'ought'. . . . A book of ideas should . . . provoke and contribute new thoughts. This book does both."―Barry R. Mandelbaum, New York Law Forum
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Product details
Series: The Storrs Lectures Series (Book 1963)
Paperback: 262 pages
Publisher: Yale University Press; Revised edition (1969)
Language: English
ISBN-10: 0300010702
ISBN-13: 978-0300010701
Product Dimensions:
5.2 x 0.8 x 8.2 inches
Shipping Weight: 9.9 ounces (View shipping rates and policies)
Average Customer Review:
4.2 out of 5 stars
5 customer reviews
Amazon Best Sellers Rank:
#446,578 in Books (See Top 100 in Books)
Great book
Good
Though it was written more than 50 years ago. The idea and theory can give me fresh insight into the utility of law.
The ultimate justification for the topics covered in this book might be that it recognizes certain disagreements about how law ought to be applied, that certain questions might be raised with any authority that seeks to apply laws in a manner which, according to Lon Fuller, seems to violate "practical wisdom applied to problems that may broadly be called those of social architecture. St. Thomas Aquinas stands for many as a kind of symbol of all that is dogmatic and theological in the tradition of natural law. Yet as one writer has recently pointed out, Aquinas in some measure recognized and dealt with all eight of the principles of legality discussed in my second chapter." (pp. 241-2). If anything, trying to impose morality on an enterprise as quixotic as the law is more likely to meet with indifference today than ever, and already in Chapter IV of this book, Fuller admitted that scholars could mean him when discussing "Law and Morals" and complaining: "Again, if this is what the necessary connexion of law and morality means, we may accept it. It is unfortunately compatible with very great iniquity." (p. 154). Just thinking about very great iniquity reminds me of what most people think prosecutors are for, and in the interest of harmony in the marketplace, I will make no further comments on this book. If only the law could always be so lucky.
It is difficult for me to deal with abstract conflicts on a theoretical level when I lack success in the kind of humor that appeals to me more than Fuller's attempt to wrap himself in the mantle of righteousness as he considers law as an interactive enterprise trying to create a context in which independent actors can go about their business without having to do anything about $14 trillion dollars that has already been spent. The Preface to the Second Edition, dated May 1, 1969, just a month before I went to Vietnam, was prepared during the year that I would have remained in Professor Fuller's Contracts class at Harvard Law School if I had not been drafted in Novcember, 1968. The fifth chapter, A Reply to Critics, prepared at that time, might as well give up trying to "trace the consequences of a particular action through the fabric of society unless that fabric itself preserves some measure of integrity." (p. 238). The monetary circumstances keep giving away any case that would be moral in outlook. As Fuller claims:one can imagine a lunaticerupting on the scene and demanding to knowwhere his intended victim is hiding (pp. 239-240)like Jack Ruby shooting Lee Harvey Oswald in the basement of the Dallas Police Station, if I recall November, 1963, as well as millions of Americans watching a TV network as it was showing the aftermath of the JFK assassination for those who expected to see some legal consequences of an action that changed the nature of the government within the Constitutional limits on the official actions of elected officials.A real shift in psychology noticed by Fuller:In sociology and legal anthropologythere is a discernable trendaway from structural theoriesand toward a study of interactional processes;I am told a similar shift has taken placeduring the last fifteen years in psychiatryand psychoanalysis. As for the law, . . .In this new climate of opinion,there is no longer any need to apologize for beingcritical of positivism,nor does one run any serious riskthat a rejection of positivism will be takento imply a pretension that one has established contactwith Absolute Truth. (p. 241).
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