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  • Thursday, August 04, 2005

    Anatomy of the Law
    by Lon L. Fuller, 1968
    The legislature makes laws. Judges make laws. Custom can be law. Nature may have laws. None of these laws are entirely made in one way, by one entity. Judges make laws within the constraints of precedants and legislature. The purposes of laws are many and varied and any attempt to align all laws with one sort of purpose(rehabilition, prevention, etc.) falls into a quagmire of contradictions.
    Fuller's analysis of the anatomy and philosophy of law is carefully logical. It acknowledges and analyzes many famous earlier works of legal philosophy. As an introduction to legal philosophy, it is superb. However, the reader should have a very good vocabulary, as well as some understanding of law. Fuller's opinions for most of the book remain in the background, allowing for a more rational and critical perspective, but the postscript is full of moral should and should nots.
    Contains a useful index.
    Question: What is a law?
    Happy reading.

    posted by Jonah  # 1:34 PM
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