NJP Volume 7 Number 2 2024

LAW AND SOCIETY: A DISCOURSE ON LON FULLER'S PRINCIPLES OF LAW

Dr. Dennis Ejikeme Igwe Godwin Udoh Udoh
Abstract

This paper discusses Lon Fuller’s principles of law in relation to the society. Fuller postulated his eight principles of law as a contribution to the long standing debate over the necessary connection between law and morality. This debate is evident among the philosophers of law, specifically between the natural law theorists and the legal positivists. While the natural law theorists affirm such connection, the legal positivists deny it. Fuller upholds the natural law thesis to the effect that law has and must have its underpinning on morality. In consideration of the different views expressed on the debate, this paper argues that morality is a sine qua non for the establishment of law and the development of society. For law to be law, morality cannot be disavowed. Morality constitutes veritable bedrock for societal development without which human well-being is a mirage. Without morality, law becomes an easy manipulative despotic tool in the hands of the ruling class. A law that is injurious to humans is an aberration of the law and in fact, not a law in the first place. Thus, if a social ordering fails to design its structure and content to conform to its purpose, such ordering incontrovertibly loses steam. Simply put: a law that lacks morality cannot actualise its major purpose which is to guarantee justice and fairness. The paper further argues that law will experience and exhibit incompleteness if any of Fuller’s eight delineated principles is missing. Through the use of the critical and prescriptive methods of philosophy, the paper concludes that Fuller’s principles of law are veritable tools for excellence in law-making, and therefore, are supremely essential for societal development and human well-being.

Keywords: discourse, fullers, law, lon, principles, society
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