Scrupulousness without Scruples: a Critique of Lon Fuller and his Defenders
Scrupulousness without Scruples: a Critique of Lon Fuller and his Defenders
Although this chapter endorses Lon Fuller’s eight principles of legality as an illuminating exposition of the nature of the rule of law, it sustainedly contests his claims that those principles constitute the inner morality of law. It shows that Fuller ran together distinct types of autonomy, and he overlooked the existence of weighty prudential reasons for tyrannical regimes to adhere to rule-of-law requirements with quite a high degree of regularity.
Keywords: legal positivism, Lon Fuller, autonomy, prudence, morality, legality, rule of law
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