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26 Law & Phil. 1 (2007)

handle is hein.journals/lwphil26 and id is 1 raw text is: Law and Philosophy (2007) 26: 1-30              © Springer 2007
DOI 10.1007/s10982-006-0006-8
(Accepted 13 February 2006)
David Luban's excellent article Natural Law as Professional
Ethics: A Reading of Fuller captures much of what Lon Fuller
attempts to convey in The Morality of Law (hereinafter
TML).1 Specifically, in his article, Luban provides a good
explication of the following five important points.
First, Fuller thinks that law is an activity. Luban acknowl-
edges that Fuller repeatedly states in TML that law is an
activity, and more specifically, that it is the enterprise of
subjecting human conduct to the governance of rules.2 Sec-
ond, Fuller's position differs from other natural law theorists'
positions, as well as from a legal positivist's position, e.g.
H.L.A. Hart. Luban points out an important difference when
he states, Where other writers on all sides of the positivism/
natural law debate understand the phrase 'the morality of law'
to refer to the morality of laws, for Fuller it refers to the
morality of lawmaking.3
Third, one of Fuller's chief concerns with legal positivism is
its top-down or hierarchical approach to law. Fuller criticizes
legal positivists numerous times and in numerous ways for
mistakenly emphasizing that law is a one-way projection of
authority, originating with government and imposing itself
1 Luban (2001); though Luban's article addresses Fuller's view as stated
in many writings, in this paper, I am mostly interested in explicating Fuller's
views as set forth in the The Morality of Law (hereinafter TML).
2 TML, pp. 106, 115, 122, 129, and 130.
3 Luban (2001, p. 180).

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