Fuller's Inner Morality of Law: The Eight Desiderata
Exam Snapshot
Lon Fuller's 'Inner Morality of Law' is a cornerstone of jurisprudence. Focus on his eight principles of legality (desiderata), his procedural natural law concept, and the debate with H.L.A. Hart regarding morality and law.
Core Concept
- Generality: Laws must be general rules.
- Promulgation: Laws must be publicly known.
- Non-Retroactivity: Laws should not apply to past acts.
- Clarity: Laws must be understandable.
- Non-Contradiction: Laws should not conflict.
- Possibility of Obedience: Cannot require the impossible.
- Constancy: Laws should not change frequently.
- Congruence: Official action must align with declared rules.
Nepal Law Anchors
- Constitution of Nepal, Article 11: Right to Equality (generality principle).
- Constitution of Nepal, Article 20: Right to Justice (non-retroactivity, due process).
- Muluki Criminal Code, 2074: Offense and punishment clarity.
Confusable Terms
| Feature | Fuller's Inner Morality | Substantive Natural Law |
|---|---|---|
| Focus | How law is made/applied | Content of the law |
| Nature | Procedural | Moral values |
| Violation | System fails to be law | Bad law exists |
MCQ Traps
- Misinterpretation: Thinking violation of one principle makes law 'bad' instead of 'not law at all'.
- Distractor: Adding broad moral requirements like 'law must promote justice' to the 8 desiderata.
Example
If a state keeps laws secret (violating promulgation) and judges ignore statutes (violating congruence), Fuller argues such a system ceases to be a functional legal system.
Memory Hook
Remember CRAFT: Constancy, Reasonable (Possibility), Accessible (Promulgation), Forward-looking (Non-retroactive), Transparent (Clarity).
Quick Revision
- Theory: Procedural Natural Law.
- Key Failure: Inner morality failure equals no law.
- Eight Principles: Generality, Promulgation, Non-Retroactivity, Clarity, Non-Contradiction, Possibility of Obedience, Constancy, Congruence.