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The Morality of Law (The Storrs Lectures Series) Paperback – January 1, 1969

by Lon L. Fuller (Author)

4.5 58 ratings

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"Among the important books in the history of American legal philosophy. It includes insights into the relations between morality and law, and advances a theory of law of great practical relevance. . . . [This] is the best discussion of the demands of the rule of law in existing literature."—Robert S. Summers, Journal of Legal Education

"Throughout this profound, imaginative and keenly analytical work, [Fuller] demonstrates his continuing concern with the tension in morality and law between the 'is' and the 'ought'. . . . A book of ideas should . . . provoke and contribute new thoughts. This book does both."—Barry R. Mandelbaum, New York Law Forum

In this classic work the legal philosopher Lon L. Fuller explores the relationship between law and morality, distinguishing between the morality of duty and the morality of aspiration.

Print length

215 pages
Language

English
Publisher

Yale University Press
Publication date

January 1, 1969
Dimensions

8.01 x 5.17 x 0.6 inches
ISBN-10

0300010702
ISBN-13

978-0300010701
See all details

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Editorial Reviews

Review

"This is an exception in that it comes as close as is feasible to resenting legal philosophy in popular form. . . . He has managed the considerable trick of making his thoughts palatable and even entertaining."―Library Journal

"An important contribution of general interest to the study of the nature and function of law. . . . Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for thought."―Law Times

"Essential reading for all who are interested in following the growth of jurisprudence and in relating it to the sound scientific analysis of law."―The Annals

"A most valuable and challenging essay on the nature of law."―Choice

"For the beginner as well as the seasoned student of legal philosophy, The Morality of Law contains an excellent assortment of ideas demanding further thought."―Edwin W. Tucker, Indiana Law Journal

"This is an important book. The background to it is the age-old controversy whether the validity of 'law' rests solely on formal criteria (Positivists), or an a moral element in addition to formal criteria (Naturalists). Professor Fuller argues persuasively in support of the latter."—Cambridge Law Journal

"Although this book is small, its content is both deep and thought provoking. It should be read not only by Professor Fuller's colleagues in the teaching of jurisprudence, but also by all those academics and practicing lawyers who seriously maintain that their education did not cease with law school."—Ralph F. Bischoff, New York Law Journal

"The Morality of Law will find a place among the important books in the history of American legal philosophy. It includes insights into the relations between morality and law, and advances a theory of law of great practical relevance. . . . [This] is the best discussion of the demands of the rule of law in existing literature, . . . filled . . . with many brilliant insights. . . . The book should be widely read."—Robert S. Summers, Journal of Legal Education

"The book is a provocative one which is certain to excite much academic comment here and abroad."—Harvard Law Record

"To both students and scholars, this work is highly recommended. The author has opened many new avenues of inquiry while dealing with the many old questions raised in any discussion of morality and law and of natural versus positive law."—Gerald W. Johnson, Tennessee Law Review

"Throughout this profound, imaginative and keenly analytical work, [Fuller] demonstrates his continuing concern with the tension in morality and law between the 'is' and the 'ought'. . . . A book of ideas should . . . provoke and contribute new thoughts. This book does both."―Barry R. Mandelbaum, New York Law Forum

Product details

Publisher ‏ : ‎ Yale University Press; Revised edition (January 1, 1969)
Language ‏ : ‎ English
Paperback ‏ : ‎ 215 pages
ISBN-10 ‏ : ‎ 0300010702
ISBN-13 ‏ : ‎ 978-0300010701
Item Weight ‏ : ‎ 10.4 ounces
Dimensions ‏ : ‎ 8.01 x 5.17 x 0.6 inches

Best Sellers Rank: #379,714 in Books (See Top 100 in Books)
- #20 in Natural Law
- #1,287 in Philosophy of Ethics & Morality

Customer Reviews:
4.5 58 ratings

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Customer reviews

4.5 out of 5

58 global ratings

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AmazonGirl

The internal morality of law.

Reviewed in the United States on April 3, 2023

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What is law? What is legal positivism? Does law require morality written within it to be understood as being good law? Fuller males his case for morality in the law versus Hearts idea that law should be written in purely analytical legal positivism,. I agree with Fuller, law without morality is a dead thing for dead things.

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Daniel Prince Quezada

Five Stars

Reviewed in the United States on June 17, 2017

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Great book

One person found this helpful

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LEE CHAK LAM

Though it was written more than 50 years ago. ...

Reviewed in the United States on September 14, 2015

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Though it was written more than 50 years ago. The idea and theory can give me fresh insight into the utility of law.

2 people found this helpful

Helpful

pulling cheek swirl better shake up

too complex for a society falling 800 years into reverse

Reviewed in the United States on April 30, 2011

It is difficult for me to deal with abstract conflicts on a theoretical level when I lack success in the kind of humor that appeals to me more than Fuller's attempt to wrap himself in the mantle of righteousness as he considers law as an interactive enterprise trying to create a context in which independent actors can go about their business without having to do anything about $14 trillion dollars that has already been spent. The Preface to the Second Edition, dated May 1, 1969, just a month before I went to Vietnam, was prepared during the year that I would have remained in Professor Fuller's Contracts class at Harvard Law School if I had not been drafted in Novcember, 1968. The fifth chapter, A Reply to Critics, prepared at that time, might as well give up trying to "trace the consequences of a particular action through the fabric of society unless that fabric itself preserves some measure of integrity." (p. 238). The monetary circumstances keep giving away any case that would be moral in outlook. As Fuller claims:

one can imagine a lunatic
erupting on the scene and demanding to know
where his intended victim is hiding (pp. 239-240)

like Jack Ruby shooting Lee Harvey Oswald in the basement of the Dallas Police Station, if I recall November, 1963, as well as millions of Americans watching a TV network as it was showing the aftermath of the JFK assassination for those who expected to see some legal consequences of an action that changed the nature of the government within the Constitutional limits on the official actions of elected officials.

A real shift in psychology noticed by Fuller:

In sociology and legal anthropology
there is a discernable trend
away from structural theories
and toward a study of interactional processes;
I am told a similar shift has taken place
during the last fifteen years in psychiatry
and psychoanalysis. As for the law, . . .
In this new climate of opinion,
there is no longer any need to apologize for being
critical of positivism,
nor does one run any serious risk
that a rejection of positivism will be taken
to imply a pretension that one has established contact
with Absolute Truth. (p. 241).

4 people found this helpful

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Scholar

Excellent

Reviewed in the United States on January 16, 2022

Verified Purchase

The product arrived on time and in great condition.

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Top reviews from other countries

Rafael Kasinski

Formatting is all wrong

Reviewed in Brazil on December 21, 2023

Verified Purchase

The book is a PDF of scanned pages. It is unusable in Kindle. I feel ripped off

Jellycookie

Dry and boring

Reviewed in Australia on December 27, 2020

Verified Purchase

Its a decent read which gives you alot to think about with respect to how modern legal systems have evolved. Personally I found the content really dry and like most philosophy texts, takes a long time to articulate one point before repeating it in a dozen different ways.

Obviously this isn't a topic for me - however those aspiring to become legal theorists may find it fascinating.

Kapajoe

A must for students of law and/or philosophy

Reviewed in the United Kingdom on February 26, 2015

Verified Purchase

Very accessible read. I have turned to or remembered this book many times in 7 years of studying law. Well worth taking a few days to read it thoroughly.

7 people found this helpful

Nina Zaidi

Book

Reviewed in the United Kingdom on October 3, 2019

Verified Purchase

Good read

alan

Five Stars

Reviewed in the United Kingdom on March 19, 2016

Verified Purchase

Excellent book

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