PHLB11H3 Lecture 4: PHLB11 - Fuller Cont'd - l04
Document Summary
Procedural moral requirement: they do not place a content restriction on legal systems. Nor do they do place any restrictions on individual laws. Individual laws may have any of these 8 features and still be valid in virtue of their place in an existing legal system. Fuller legal system striving for these conditions. They all agree that the lady should be convicted, but what are the legal means of doing so. Court it wasn"t a law, shouldn"t be respected, was so immoral & contrary. Cant pretend it was never a law b/c it was immoral. That law was legal system of primary & secondary rules , correct legal means under nazi law. He thinks it wasn"t, he thinks german court must address that it was a law could cause chaos: he offered another solution: the legislature should legitimately retroactive law virtue of transparency. Fuller doesn"t think retroactive law not necessary b/c it wasn"t a law to begin with.
