Praxeology of law in the works of Lon l. Fuller and John Finnis Cover Image

Prakseologia prawa w pracach Lona L. Fullera i Johna Finnisa
Praxeology of law in the works of Lon l. Fuller and John Finnis

Author(s): Piotr Kantor-Kozdrowicki
Subject(s): History of Law, Philosophy of Law, Sociology of Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: Praxeology; law; Lon l. Fuller; John Finnis;

Summary/Abstract: The article describes works of Lon L. Fuller and John Finnis as a general attempt to modernise the doctrine of natural law based on universal principles of rationalism. The achievements of the authors allowed to bridge the divide between positivism and iusnaturalism as well as to set a new goal-oriented perspective in the creation and application of law. A comparison of primary views on internal values of the law in theories of both authors shows a basic similarity of their viewing of reason as a substructure and a versatile directive for the statutory law. An especially significant issue is the question of the purposefulness of the law and the paradigm of rational legislation. Their application makes it possible to study law through the perspective of classic praxeology. Pragmatic understanding of the principles of rational law and the admission of the diversity of ethical sources are views shared by both authors who at the same time allow non-metaphysical postulates of the natural law to be treated as the main guarantors of the effectiveness of the legal system in modern society.

  • Issue Year: 80/2018
  • Issue No: 4
  • Page Range: 119-132
  • Page Count: 14
  • Language: Polish