Synopses & Reviews
Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate.
Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick.
"At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." and#8212;Ph. Selznick
Synopsis
Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design.
Table of Contents
Philip SelznickPreface to
Rediscovering Fullerand#160;Acknowledgmentsand#160;List of abbreviated publications by Lon L. Fullerand#160;List of contributorsand#160;
Willem J. WitteveenRediscovering Fuller: An Introductionand#160;
I.and#160; Beyond the Fuller-Hart Debateand#160;
Kenneth I. WinstonThree Models for the Study of Lawand#160;
David DyzenhausFuller's Noveltyand#160;
Paul CliteurFuller's Faithand#160;
Frederick SchauerFuller on the Ontological Status of Lawand#160;
II.and#160; Moralities of Lawand#160;
Pauline WestermanMeans and Endsand#160;
Wibran van der BurgThe Morality of Aspiration:and#160; A Neglected Dimension of Law and Moralityand#160;
David LubanRediscovering Fuller's Legal Ethicsand#160;
III.and#160; Implicit Lawand#160;
Peter R. Teachout"Uncreated Conscience":and#160; The Civilizing Force of Fuller's Jurisprudence
and#160;
Gerald J. PostemaImplicit Lawand#160;
IV.and#160; The Art of Institutional Designand#160;
Roderick A. MacdonaldLegislation and Governanceand#160;
Willem J. WitteveenLaws of Lawmakingand#160;
John W. F. AllisonLegal Culture in Fuller's Analysis of Adjudicationand#160;
Marc HertoghThe Conscientious Watermaster:and#160; Rediscovering the Interactional Concept of Lawand#160;
Karol SoltanA Social Science That Does Not Existand#160;
V.and#160; Law's Dialogueand#160;
James AllanLon Fuller's "The Case of the Speluncean Explorers"and#160;
Francis J. Mootz IIINatural Law and the Cultivation of Legal Rhetoricand#160;
Joseph ViningFuller and Languageand#160;Name indexand#160;Subject index