Relacje moralności i prawa w doktrynie Lona L. Fullera

THE RELATIONSHIP BETWEEN MORALS AND LAW IN THE CONCEPTION OF LON L. FULLER

L. L. Fuller offers definitions of the essence of morals and the essence of law, taking them as the starting point for his theory which describes the relationships between these two normative spheres. Both law and morality are studied from the perspective of the natural law.

Fuller differentiates between the morality of duty and morality of drives. He proposes to measure exigencies of both of them by means of scales which represent a continuum of possible realizations of the enjoyments of each. This is a new and very imaginative proposal. The realizations of requirements of the either type of morality rise from a certain minimum shown on the scale and grow until they reach a possible maximum.

Fuller believes that this device may be used to better control human behaviour by application of a number of rules. He also discusses complex problems concerning the essence of law and the qualities and functioning of a good legal system. Certain contemporary legal systems are criticized from the point of view taken by the author.

The relationship between morality and law is rooted in the conception of natural law. Fuller develops a conception of the material and the procedural natural law, and by doing so, hopes to solve the perennial dilemma between absolutism and relativism in jurisprudence and ethics.

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