LEGAL 250 Lecture Notes - Lecture 4: Lon L. Fuller, Procedural Justice, Legal Positivism
27 Sep 2018
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Key assumptions: (on the inner morality of law) Law is the enterprise of subjecting human conduct to the governance of rules . Law guides human behavior toward some larger purpose, like justice. Lawmaking is moral when its procedures lead to this purpose. Aquinas says: morality comes in the substance of the laws. Fuller says: morality comes in the procedures that are followed by those who create and apply the law (procedural justice) 8 requirements of procedural justice (what king rex did wrong in the fuller story: laws should be universal/general. Rules are always the same, it doesn"t matter who you are or who you know: laws should be transparent and promulgated. Need to know how laws are made. Need to be able to find laws. What"s wrong with keeping law a secret? (gives law enforcers too much power ex. Nazi regime: laws should be understandable and clear.
