Abstract

Based on the 1963 Storrs Lectures at Yale, these four related essays are an attempt to clarify Fuller's conception of a procedural, non-substantive natural law, which requires that such characteristics as generality, promulgation, non-contradiction, etc., be present in any genuine legal system. These requirements, he indicates, can never all be perfectly met, and hence the "inner morality of law" must remain largely a morality of "aspiration" rather than of "duty." The third essay, entitled "The Concept of Law," is rather disappointing as an answer to possible criticisms and as a half-hearted attack on the book of the same title by Fuller's opponent, Hart; only Fuller's fundamental point, namely, that positivism neglects the notion of purpose in law, comes through very forcefully. In his final chapter, Fuller concludes, tentatively, that promoting communication would probably be the highest goal of any more substantive natural law conception; here, he is weakest of all. Nevertheless, his fine style, his excellent use of cases and other examples, and his sensitivity to crucial issues outweigh the book's inadequacies.—W. L. M.