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............................................................................................................................DescriptionIn a lengthy new concluding chapter labeled "A Reply to Critics," Lon L. Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor.In the Revised Edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression.............................................................................................................................ContentsI. The Two Moralities The Moralities of Duty and of Aspiration The Moral Scale The Vocabulary of Morals and the Two Moralities Marginal Utility and the Morality of Aspiration Reciprocity and the Morality of Duty Locating the Pointer on the Moral Scale Rewards and PenaltiesII. The Morality that Makes Law Possible Eight Ways to Fail to Make Law The Consequences of Failure The Aspiration toward Perfection in Legality Legality and Economic Calculation The Generality of Law Promulgation Retroactive Laws The Clarity of Laws Contradictions in the Laws Laws Requiring the Impossible Constancy of the Law through Time Congruence between Official Action and Declared Rule Legality as a Practical ArtIII. The Concept of Law Legal Morality and Natural Law Legal Morality and the Concept of Positive Law The Concept of Science Objections to the View of Law Taken Here Hart's the Concept of Law Law as a Purposeful Enterprise and Law as a Manifested Fact of Social Power IV. The Substantive Aims of Law The Neutrality of the Law's Internal Morality toward Substantive Aims Legality as a Condition of Efficacy Legality and Justice Legal Morality and Laws Aiming at Alleged Evils That Cannot Be Defined The View of Man Implicit in Legal Morality The Problem of the Limits of Effective Legal Action Legal Morality and the Allocation of Economic Resources Legal Morality and the Problem of Institutional Design Institutional Design as a Problem of Economizing The Problem of Defining the Moral Community The Minimum Content of a Substantive Natural LawV. A Reply to Critics The Structure of Analytical Legal Positivism Is Some Minimum Respect for the Principles of Legality Essential to the Existence of a Legal System? Do the Principles of Legality Constitute an "Internal Morality of Law"? Some Implications of the Debate Appendix: The Problem of the Grudge InformerIndex............................................................................................................................
