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Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher best known as a proponent of a secular and procedural form of natural law theory. Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts.
"The Case of the Speluncean Explorers" is an article by legal philosopher Lon L. Fuller first published in the Harvard Law Review in 1949. Largely taking the form of a fictional judgment, it presents a legal philosophy puzzle to the reader and five possible solutions in the form of judicial opinions that are attributed to judges sitting on the ...
L Fuller, ‘Consideration and Form’ (1941) 41 Columbia Law Review 799; P Critchley, 'Taking Formalities Seriously' in S Bright and J Dewar (eds), Land Law - Themes and Perspectives (OUP 1998) ch 20; Reports. Law Commission, Transfer of Land: Formalities for Deeds and Escrows (1985) Working Paper No 93
The Form: And its burden should be equal and apply to all. Aquinas says that the disobedience should not itself cause harm or lead people into evil. He refers to Isaiah establishing that it is always lawful to avoid oppression. In Civil Disobedience, Henry David Thoreau also called into question the legitimacy of any law that was unjust. He says:
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.
As the American lawyer, Lon Fuller, put it the purpose is to provide "channels for the legally effective expression of intention", [47] particularly where there's a common danger in large transactions that people could rush into it without thinking. However, older case law saw the courts interpreting the requirements of form very rigidly.
The Hart–Fuller debate is an exchange between the American law professor Lon L. Fuller and his English counterpart H. L. A. Hart, published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist and natural law philosophy. Hart took the positivist view in arguing that morality and law were ...