ПРИНЦИПИ МОРАЛНОСТИ У ЈУСНАТУРАЛИСТИЧКОЈ МИСЛИ ЛОНА ФУЛЕРА
PRINCIPLES OF INTERNAL MORALITY OF LAW IN LON FULLER’S NATURAL LAW THEORY

Summary/Abstract: Not following up directly on the preceding classical natural law tradition, Fuller’s work demonstrates his effort to develop a new theoretical model which would make the idea of natural law more receptive to the understanding of the contemporary audiences. Thus, in the midst of the legal positivist trends, jusnaturalism relies on the concept of process where it finds a fruitful formula for overcoming the shortcomings of previous approaches. Fuller’s eight principles of internal morality of law are based on the idea of envisaging such legal standards that would result in the adoption of legislative acts which would guarantee each citizen full certainty as to their validity and content, whereas the observance or inobservance of these legal rules would be a matter of free will (human autonomy). This ethical imperative seeks to bypass the relativism of the content of a legal act by defining those universal criteria that any legal act must fulfill in order to meet the moral minimum. Considering the boldness and originality of the exposed principles which are the cornerstone of his specific variant of legal naturalism, Fuller’s morality of law theory was like a glove thrown into the face of the legal theorists of positivist provenance. The revitalization of the jusnaturalist thought offered an alternative to the prevailing doctrinal understandings and indisputably provided a significant contribution to the overall legal theory heritage.

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