The Morality of Law; Revised Edition

by Lon L. Fuller

• ISBN13: 9780300010701
• ISBN10: 0300010702
• Edition: Revised
• Format: Trade Paper
• Copyright: 1965-09-10
• Publisher: Yale University Press

Table of Contents

Preface to the Second Edition	v
Preface to the First Edition	vii
The Two Moralities	3	(30)
The Moralities of Duty and of Aspiration	5	(4)
The Moral Scale	9	(4)
The Vocabulary of Morals and the Two Moralities	13	(2)
Marginal Utility and the Morality of Aspiration	15	(4)
Reciprocity and the Morality of Duty	19	(8)
Locating the Pointer on the Moral Scale	27	(3)
Rewards and Penalties	30	(3)
The Morality That Makes Law Possible	33	(62)
Eight Ways to Fail to Make Law	33	(5)
The Consequences of Failure	38	(3)
The Aspiration toward Perfection in Legality	41	(3)
Legality and Economic Calculation	44	(2)
The Generality of Law	46	(3)
Promulgation	49	(2)
Retroactive Laws	51	(12)
The Clarity of Laws	63	(2)
Contradictions in the Laws	65	(5)
Laws Requiring the Impossible	70	(9)
Constancy of the Law through Time	79	(2)
Congruence between Official Action and Declared Rule	81	(10)
Legality as a Practical Art	91	(4)
The Concept of Law	95	(57)
Legal Morality and Natural Law	96	(10)
Legal Morality and the Concept of Positive Law	106	(12)
The Concept of Science	118	(4)
Objections to the View of Law Taken Here	122	(11)
Hart's The Concept of Law	133	(12)
Law as a Purposeful Enterprise and Law as a Manifested Fact of Social Power	145	(7)
The Substantive AIMS of Law	152	(35)
The Neutrality of the Law's Internal Morality toward Substantive Aims	153	(2)
Legality as a Condition of Efficacy	155	(2)
Legality and Justice	157	(2)
Legal Morality and Laws Aiming at Alleged Evils That Cannot Be Defined	159	(3)
The View of Man Implicit in Legal Morality	162	(6)
The Problem of the Limits of Effective Legal Action	168	(2)
Legal Morality and the Allocation of Economic Resources	170	(7)
Legal Morality and the Problem of Institutional Design	177	(1)
Institutional Design as a Problem of Economizing	178	(3)
The Problem of Defining the Moral Community	181	(3)
The Minimum Content of a Substantive Natural Law	184	(3)
A Reply to Critics	187	(58)
The Structure of Analytical Legal Positivism	191	(6)
Is Some Minimum Respect for the Principles of Legality Essential to the Existence of a Legal System?	197	(3)
Do the Principles of Legality Constitute an ``Internal Morality of Law''?	200	(24)
Some Implications of the Debate	224	(21)
Appendix: The Problem of the Grudge Informer	245	(10)
Index	255