Lon L. Fuller, a legal philosopher, introduced the concept of the "internal morality of law" as a framework for evaluating the quality and legitimacy of legal systems. Fuller's theory focuses on the idea that for a legal system to be just and legitimate, it must meet certain internal moral standards.
The morality of duty: Fuller argues that legal systems should establish clear and general rules that provide individuals with guidance on what is required or prohibited. These rules should be clear and understandable, ensuring that individuals can identify their legal obligations.
No retroactive laws: Fuller asserts that a legitimate legal system should not enact retroactive laws that punish individuals for actions committed before the law was established. This principle ensures fairness and predictability in the legal system.
Clarity and consistency: Legal rules should be clear, consistent, and free from ambiguity. This clarity is essential for individuals to understand the law and for officials to apply it consistently.
Non-contradiction: Fuller's theory insists that legal rules should not contradict each other. A legal system must maintain internal consistency to prevent confusion and unfairness.
Possibility of compliance: Laws should be such that individuals have the opportunity to comply with them. Legal requirements should not be impossible to fulfil or require individuals to perform actions beyond their control.
Prospective rules: Legal rules should be enacted prospectively, meaning that they apply to future conduct rather than punishing individuals for past actions. This principle helps individuals plan their actions in accordance with the law.
Congruence with official actions: The actions of officials, such as law enforcement and judges, should be consistent with the legal rules and principles of the system. The law should be enforced and applied in a way that aligns with its principles.
General application: Legal rules should apply generally to all members of society without arbitrary discrimination. The law should not target specific individuals or groups without legitimate reason.
Public promulgation: Fuller emphasises the importance of making laws publicly known. Laws and rules should be accessible to the public, ensuring that individuals are aware of their legal obligations.
Enforcement of moral duties: Legal systems should not impose laws that go against fundamental moral principles. While laws can be morally neutral, they should not require individuals to engage in morally reprehensible actions.
Fuller's Internal Morality of Law provides a framework for evaluating the quality and legitimacy of legal systems. According to his theory, a legal system that adheres to these principles is more likely to be just, fair, and legitimate. This framework has influenced legal philosophy and discussions about the essential characteristics of a well-functioning legal system.
You can learn more about this topic with our Jurisprudence and Legal Theory notes.
