Tutorial 4 Jurisprudence

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

Lon Fuller

Lon L Fuller was an American legal philosopher who proposed a set of principles that he believed
were essential to the internal morality of law. These principles are intended to guide the
development and application of legal systems, and to ensure that they are just, fair, and consistent.
Here are the eight principles of internal morality of law as proposed by Fuller:

Generality: Laws should be general in nature, applying to a broad range of situations and individuals.
This ensures that laws are predictable and understandable, and that they do not unfairly discriminate
against certain individuals or groups.

Promulgation: Laws should be publicly announced and made known to those who are subject to
them. This ensures that individuals can know what is expected of them and can plan their behavior
accordingly.

Prospectivity: Laws should be prospective in nature, meaning that they should only apply to future
conduct and not retroactively punish individuals for past behavior. This ensures that individuals are
not punished for behavior that was not illegal at the time it was committed.

Clarity: Laws should be clear and unambiguous, so that individuals can understand what is expected
of them. This ensures that individuals are not punished for violating laws that they did not
understand.

Non-contradiction: Laws should not contradict each other, and they should not require individuals to
do the impossible. This ensures that individuals are not punished for violating laws that are
impossible to comply with.

Possibility of Compliance: Laws should be capable of being obeyed, and individuals should be able to
comply with them without undue hardship or burden. This ensures that laws are not excessively
harsh or oppressive.

Constancy: Laws should be relatively stable and consistent over time, so that individuals can rely on
them to guide their behavior. This ensures that individuals are not subject to unpredictable or
arbitrary changes in the law.

Congruence with moral principles: Laws should be consistent with basic moral principles, such as
justice, fairness, and human dignity. This ensures that laws are not fundamentally unjust or immoral.

Overall, Fuller's principles of internal morality of law emphasize the importance of clarity,
consistency, and fairness in legal systems. They provide a framework for evaluating the legitimacy
and effectiveness of legal systems, and for guiding the development of laws that are just and
equitable
John Finnis

John Finnis's theory of natural law is a modern reinterpretation of the traditional theory of natural
law that emphasizes the importance of human flourishing and the pursuit of the common good.
According to Finnis, natural law consists of two sets of principles which are the seven basic values
and practical reasonableness. In his theory, Finnis identifies seven basic goods that are essential to
human flourishing and that provide a basis for moral reasoning. While his theory departs somewhat
from traditional formulations of natural law, it is consistent with the fundamental idea that there are
objective moral principles that can be discovered through reason and that are grounded in human
nature.

The traditional theory of natural law holds that there is a single, objective moral law that is derived
from human nature. This law is seen as universal and unchanging, and it is thought to be
discoverable through reason. The traditional theory emphasizes the importance of natural rights,
human dignity, and the common good, and it has been influential in shaping moral and legal systems
throughout history.

John Finnis's theory of natural law builds on these traditional ideas, but it takes a more holistic
approach to moral reasoning. Finnis argues that human beings have multiple and complex needs and
desires that are interconnected, and that these needs and desires should be taken into account when
making moral judgments. In his theory, he identifies seven basic goods that are essential to human
flourishing, and that provide a basis for moral reasoning. These goods are:

Life: The good of life is essential to human flourishing, and it is the foundation for all other basic
goods. The preservation and promotion of human life is a fundamental moral obligation.

Knowledge: The good of knowledge includes the acquisition of truth, understanding, and wisdom. It
involves the pursuit of intellectual excellence and the development of one's cognitive capacities.

Play: The good of play involves the pursuit of leisure and recreation, and the enjoyment of creative
and aesthetic activities. It provides a necessary balance to the demands of work and other
responsibilities.

Aesthetic experience: The good of aesthetic experience involves the appreciation of beauty and the
cultivation of one's aesthetic sensibilities. It involves the enjoyment of art, music, literature, and
other forms of creative expression.

Sociability: The good of sociability involves the development of personal relationships and the
formation of communities. It involves the cultivation of social skills and the ability to cooperate and
communicate with others.

Practical reasonableness: The good of practical reasonableness involves the ability to make practical
decisions and to act in accordance with reason and moral principles. It involves the development of
practical wisdom and the ability to exercise practical judgment.

Religion: The good of religion involves the pursuit of a relationship with a transcendent reality or
higher power. It involves the development of spiritual and moral values, and the cultivation of a
sense of meaning and purpose in life.

According to Finnis, these seven basic goods provide a basis for moral reasoning and decision-
making. They are not absolute or fixed, but are rather context-dependent and subject to
interpretation. They can be balanced and prioritized in different ways depending on the particular
circumstances of a given situation. By considering the impact of our actions on these basic goods, we
can make more informed and ethical decisions.

Finnis's theory of natural law is consistent with the traditional theory in its emphasis on the
importance of human nature and the pursuit of the common good. However, his theory departs
somewhat from traditional formulations in its emphasis on the seven basic goods. While some
traditional formulations have focused more narrowly on the idea of a single, objective moral law,
Finnis's theory recognizes that human beings have multiple and complex needs and desires that are
interconnected, and that these needs and desires should be taken into account when making moral
judgments.

Finnis's theory also emphasizes the importance of human flourishing, which is a central concept in
the traditional theory of natural law. The seven basic goods that he identifies are seen.

You might also like