The Morality Of Law By John Finnis

929 WordsNov 23, 20154 Pages
This is also in accordance to the theories made by John Finnis, a naturalist, who proposes that humans need law to help them achieve their own “projects” in life and any rule that hinders them from doing so can be rightfully disobeyed given that it doesn’t cause a social distortion. With all these adding up, we can see why he considers the procedure of lawmaking as the internal morality of law. An analogy was given by him with his principles of legality being labelled as the rules to using the tool, law. If the rules are not followed then the tool cannot be used to its fullest extent and thus the definition of the law is not realised. Accommodation to the principle is morale as it helps in achieving a human’s greatest purpose in life. His idea of internal morality of law is illustrated in his book, The Morality of Law, through a story of a fictional king named Rex who applied his rules in ways that always resulted in a failure. Fuller laid out the failed attempts of ruling and turns it into a list of eight “Principles of Legality” or as he calls it as, Desideratum of Law. He contends that the conditions of the principle have to be met for a legal system to be considered as valid, and the lack of it fails as such. That said, in order for a legal system to be recognised, first and essentially, there must be rules. It is not enough for someone to give out commands, there must be proper law. The rules then need to be publicised, prospective, understandable, non-contradictory,
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