Jump to ContentJump to Main Navigation
In Defense of Legal PositivismLaw Without Trimmings$
Users without a subscription are not able to see the full content.

Matthew H. Kramer

Print publication date: 2003

Print ISBN-13: 9780199264834

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199264834.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 November 2019

Scrupulousness without Scruples: a Critique of Lon Fuller and his Defenders

Scrupulousness without Scruples: a Critique of Lon Fuller and his Defenders

Chapter:
(p.37) 3 Scrupulousness without Scruples: a Critique of Lon Fuller and his Defenders
Source:
In Defense of Legal Positivism
Author(s):

MATTHEW H. KRAMER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264834.003.0003

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .