Lon Fuller's Theory Of Morality
Law is defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. It is also possible to be described as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behaviour of its members, so law is a formal mechanism of social control. Legal systems are particular ways of establishing and maintaining social order.
Morality, on the other hand, is defined as the principles concerning the distinction between right and wrong or good and bad behaviour. It speaks of
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Lon Fuller is one of the prominent jurists who defended the notion that law has to take into consideration of morality in order to constitute its validity. He divided morality into two categories, which is to say, morality of aspiration and morality of duty. Morality of aspiration is the morality of excellence, of the good life, of the fullest realization of human powers. It has to do with our efforts to make the best use of our short …show more content…
For Buddhist monks, they have to adhere to additional five restrictions, namely, avoid eating solid food after mid-day, avoid singing, dancing or watching singing and dancing, avoid having any sexual activities, avoid sleeping on high and luxurious beds, and abstain from touching and dealing with silver and gold.
Lon Fuller, who proposed the concept of inner morality of law on the subject matter of formation of laws, thought that there is procedural aspect of morality to be considered so as to determine the validity of the issued laws, be it in the form of enacted legislation or delivered court decision. The concept is actually in a form of procedure which contains eight criteria or conditions to be met. Failure of either one condition is sufficient to allege that a legal system is not effective, according to Fuller
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