2008•Fazhi yu shehui fazhanRequires access
The Morality of Law:Law,or Morality?
Ma Min
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Abstract
The of law,expounded by Lon Fuller in criticizing H.L.A.Hart's rule of recognition,is a inner factor of the aim of law which constitute the fundamental condition of legal system and the eight requirements of which form basic element of law.The of law could be divided into morality of obligation which regulates the creation and regulation of law in the form of law,and morality of desire which functions as the of role of the creator and regulator of law.In nature,the of law is both law and morality,and it regulates the process of creation and regulation of law in the two forms.Therefore,it provides rational basis of authority of law,founds a principle to solve realistic problems and security for the perfection of law.