Awards

• Runner-up for Society of Legal Scholars Prize for Outstanding Legal Scholarship 2012
• Runner-up for Society of Legal Scholars Prize for Outstanding Legal Scholarship 2012 (UK)
• Runner-up for SPTL Prize for Outstanding Legal Scholarship 2012
• Runner-up for SPTL Prize for Outstanding Legal Scholarship 2012.

Overview

Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.

Full Product Details

Author:   Kristen Rundle
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.00cm , Length: 23.40cm
Weight:   0.510kg
ISBN:  

9781849461047

ISBN 10:   184946104
Pages:   222
Publication Date:   04 May 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1 Reclaiming Fuller I Form and Agency II What is Being 'Reclaimed'? III About the Book: Method, Material and Structure IV Outline of the Chapters 2 Before the Debate I The Early Fuller: Positivism and Natural Law at Mid-century II Eunomics: A 'Science or Theory of Good Order and Workable Social Arrangements' III Navigating the Labels IV Conclusion 3 The 1958 Debate I Mapping the Debate II Reclaiming Fuller through the Nazi Law Debate III Fuller and Legal Validity IV Conclusion 4 The Morality of Law I Mapping The Morality of Law II Hart's Review of The Morality of Law III A Different Path? IV Conclusion 5 The Reply to Critics I Mapping the 'Reply to Critics' II Generality, Efficacy and Agency: Insights from the Archive III Reflections on the 'Reply to Critics' IV Conclusion 6 Resituating Fuller I: Raz I Fuller and Raz II Raz on the Rule of Law III Raz on Authority IV Conclusion: Form, Agency and Authority 7 Resituating Fuller II: Dworkin I Fuller and Dworkin II The 1965 Essays III Dworkin's Project IV Fuller, Dworkin and Interpretation V Fuller, Dworkin and Methodology VI Fuller, Dworkin and the Value of Legality VII Conclusion: Taking Form Seriously 8 Three Conversations I Morality II Instrumentalism III Legality Fuller and Shapiro: A New Conversation? IV Conclusion

Reviews

Rundle has written a beautiful book about the 'jurisprudence' of Fuller. This was to be expected for those who were already familiar with her work.(Translated from the original Dutch)Thomas MertensNetherlands Journal of Legal PhilosophyVolume 1, 2013...a highly informative and thought-provoking book, rich in detail, sensitivity and rigour. It succeeds admirably in its aim to re-orientate our understandings of Fuller's thinking, and leaves the reader with the desire to revisit and reflect anew on his central concerns.Sean CoyleJotwell: The Journal of Things We Like (Lots)November 2012

...a highly informative and thought-provoking book, rich in detail, sensitivity and rigour. It succeeds admirably in its aim to re-orientate our understandings of Fuller's thinking, and leaves the reader with the desire to revisit and reflect anew on his central concerns.Sean CoyleJotwell: The Journal of Things We Like (Lots)November 2012

Author Information

Kristen Rundle is a Lecturer in Law at the London School of Economics.

Tab Content 6

Author Website:  

Countries Available

All regions