Law and Morality

Principle of Generality

: “Laws should be general”

– we should be able to apply them to many individual cases

– cases cannot be decided ad hoc, one by one

Principle of Promulgation

They should be published, so citizens might know the standards to which they are being held.

Principle of Non retroactivity

Laws shouldn't be used to punish people for things they did before those actions were considered illegal or before a new rule was created.

Principle of Clarity

Laws should be understandable

Principle of Non-contradiction

Laws should have only one meaning, they chould not br contradictory

Principle of Possible of Compliance

Laws should be possible to follow.

Laws should be designed with an understanding of the real-world capabilities and limitations of those who are expected to follow them.

(should be both fair and practical)

Principle of constancy

The law should remain relatively constant though time.

The drastic changes in law should be avoided, there should be a degree of continuity in legal systems.

Principle of Congruence

There should be a congruence between law and action meaning that should be conformity between what the laws say on paper and how they are put into practice.

What does FULLER belives?

Fuller believed that the purpose of law is to create rules that people can follow in order to live together peacefully and fairly.

The “internal morality“ of law consists of 8 essencial principles. These principles are like a checklist that a legal system must meet in order to be considered legitimate.

If a legal system fails to meet any one of these principles then it cannot be said that “law” exists in that community.

What is Law?

Law is a system of rules and regulations that are enforced by a governing authority, such as a government or a court of law.

The porpuse of Law

The purpose of law is to regulate behavior and maintain order in society, as well as to protect individual rights and promote justice.

What is Morality?

Morality refers to a set of principles or values that guide behavior and decision-making, based on ideas of right and wrong.

CASE OF THE WOMAN

The case of the woman who betrayed her husband is an example of this.

She was punished for something that was allowed by the law at the time, but many people thought it was wrong.

Some people thought that the law should have been changed to make sure that what she did was illegal.

Fuller agreed with the punishment because he belived that law followes a internal morality, while Hart thinks that, given that there was no law saying that she couldn’t do it, the punishment was not fair.