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  • Essay / Analysis of the Morality of Law - 2053

    Fuller's view of law as a moral enterprise requires that a system adhere to the eight desiderata, which he calls "the inner morality of law." Although it is "a procedural version of natural law", indifferent to substantive moral laws, Fuller argues that for external moral law to exist, the realization of internal morality, expressed by the principles of procedural justice, is required, since internal and external moralities “influence each other”. In an attempt to prove that desiderata are inherently moral and that "bad laws can destroy a legal system", Fuller invokes the moral values ​​embedded in the law itself. "enterprise" subjecting humanity to the control of rules, law produces a social order that involves respect for human autonomy and commitment to the vision of man as a "responsible agent" capable of complying with the rules ; A legislator adopting this point of view will refrain from insulting human dignity by departing from these principles. Even if we simply want law as order, rather than law as good order, there is a "morality of order" that must be respected, otherwise legal order would not be possible. Presenting law as a reciprocal affair involving a governmental command to citizens and a governmental commitment to judge citizens according to these rules, fidelity to precepts ensures that the duties imposed are those for which citizens will be held accountable. By increasing the legitimacy of the law in the eyes of the population, the principles ensure that the law can be respected, thus reducing the possibility of sanction for an offense of which the subject was not aware. By providing "reliable benchmarks for self-directed action" and a legal system of equitable opportunity, the dignity of Ful...... middle of paper ......ns, as evidence of legal commandments involving respect for the individual's ability to make decisions independently. However, to say that the orders constitute moral respect for one's subjects is to suggest that the fact that a burglar gives the order to his victim to decide whether to obey or be shot constitutes a recognition of his autonomy. “Rules can be general while still stifling the freedom of those subject to them,” and therefore Fuller's notion that law is a moral enterprise pursuing moral ends is questionable. In the face of positivist criticism, the assumption that “bad laws can destroy a legal system” is difficult to pledge allegiance to. Fuller's inability to convincingly defend his position makes it worthy of condemnation as an "untenable doctrine", incorrect in its assertion that systems of "moral turpitude" have no legal system..