Law 5110 Study Guide - Quiz Guide: Hard Cases, Mischief Rule, Legal Positivism
Document Summary
Fuller: - american legal philosopher wrote the morality of law . Object of law is to subject human conduct to the governance of rules. Derived demands on structure of a legal system from a nature of human society and not in the content of the rules in the system. Eight principles: 1. rules must be expressed in general terms (otherwise they would not be rules at all, but rather decisions in indiv. cases without force to future cases) 2. rules must be publicly promulgated (everybody should know the law) 3. rules must be prospective in effect ( not retroactive) 4. rules must be expressed in understandable terms. 5. rules must be consistent with one another (other impossible to obey) 6. rules must not require conduct beyond the powers of affected parties. 7. rules must not be changed frequently (difficult to rely for subjects)
