Lon Fuller, while discussing the legal system and the addition of laws, brought up ways that you can fail in making laws. 1) The failure to make laws at all 2) Failure to publicize laws 3) Abuse of Retroactive legislation 4) Unintelligible rules 5) Contradictory rules 6) Rules requiring more than what is humanly possible 7) Frequent changes in the law 8) Lack of congruence between state rules and administration. Fuller believes if any of these failures occurs, the system of rules are no longer considered a legal system. I personally disagree with the notion that you can discredit an entire legal system and I’m goin to explain why I oppose Fuller’s claims. Fuller’s ‘eight ways to fail to make law’ details problems with fairness in the law making
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Although this particular author (Lon Fuller) believes that morality and law is connected, but just as he has his own opinion on the matter, other authors have different positions on this case. Authors like HLA Hart, he believes that there is no such thing as the necessary link between law and morality. The link between morality and law can be assumed to mean that there is a moral obligation to abide by the law, which for most people is not the case. Most people abide by the law in light of their own self-interest (i.e not wanting to be fined, incarcerated, or any form of …show more content…
The five truisms about human natures are built around self preservation and survival by compromising and publicizing prohibitions on anything that conflicted with human survival. The five truisms consist of 1)the prohibition on murder and violence because of human vulnerability to violence. 2) Approximate equality requiring a system of mutual compromise. 3) Limited altruisms makes a system of mutual bans both needed and possible.4) Limited Natural Resources which resulted in property laws. 5) Limited understanding because of temptation and personal interest sometimes we may deviate away from the norm and have to be reprimanded, therefore a system of sanctions were put in order. These systems were not put in place to be fair and they were put there to help people survive amongst each
Although this particular author (Lon Fuller) believes that morality and law is connected, but just as he has his own opinion on the matter, other authors have different positions on this case. Authors like HLA Hart, he believes that there is no such thing as the necessary link between law and morality. The link between morality and law can be assumed to mean that there is a moral obligation to abide by the law, which for most people is not the case. Most people abide by the law in light of their own self-interest (i.e not wanting to be fined, incarcerated, or any form of …show more content…
The five truisms about human natures are built around self preservation and survival by compromising and publicizing prohibitions on anything that conflicted with human survival. The five truisms consist of 1)the prohibition on murder and violence because of human vulnerability to violence. 2) Approximate equality requiring a system of mutual compromise. 3) Limited altruisms makes a system of mutual bans both needed and possible.4) Limited Natural Resources which resulted in property laws. 5) Limited understanding because of temptation and personal interest sometimes we may deviate away from the norm and have to be reprimanded, therefore a system of sanctions were put in order. These systems were not put in place to be fair and they were put there to help people survive amongst each