The relationship between law and morality is one of the most controversial topics between legal positivists and natural lawyers. However Lon Luvois Fuller makes an unfamiliar connection between law and morality that is different from both legal positivism and natural law theory. And this because Fuller argues that, without reference to the moral quality of the content of rules, law has its own internal morality. Fuller offers eight principles and argues that these principles constitute the inner morality of law. These eight principles are the principles that legislators must obey when creating rules. Rules should be general, published, non-retroactive, clear, non-contradictory, must not require the impossible, be constant through time, and there must be congruence between official action and declared rules. Therefore, the eight principles are not devoted to the content of rules, like, for example, the principle of equality. This article looks at the question whether law has its own morality unrelated to the content of rules. In other words, the main question of this work is whether a connection can be made between law and morality while being inside law, or else, without exiting law
Alan : Hukuk
Dergi Türü : Ulusal
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