PHIL 2050 Lecture 9: The Morality of Law
18 Jan 2017
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Fuller argues that law and legal systems have to be worth of respect, loyalty and faithfulness if they are to be considered law at all. Fuller thinks we have to think about fidelity to law when we are planning and creating systems of laws. A system of laws has to be accepted in order to be considered a system of laws worthy of the following. Being forced to explain and justify a system of rules in order to inspire faithfulness (fidelity) will generally pull the rules in that system towards goodness . Fuller argues that hart seems to assume that evil aims/goals can have as much coherence as good ones. Hart says that law merely represents order simpliciter, not necessarily good order. To say that law under a government represents order cannot mean any sort of order whatsoever (eg. in a cemetery or a morgue or refrigerator) we must mean that law represents good order.
