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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller

ISBN13: 9781849461047
Published: May 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00
Paperback edition , ISBN13 9781849464963

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Lon L Fuller's account of legality is widely accepted as the classic 20th century statement of the principles of the rule of law. What is much less accepted is his argument that a necessary connection between law and morality manifests in these principles. As a result, his jurisprudence continues to occupy a marginal place in a field dominated by H L A Hart's legal positivism and Ronald Dworkin's interpretive theory of adjudication.

In Forms Liberate: Reclaiming the Jurisprudence of Lon L. Fuller, Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to dispute this prevailing assessment of his contribution.

Fuller's claims about law and morality, she explains, belong to a wider exploration of the ways in which the form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, Forms Liberate demonstrates why his challenge to a purely instrumental conception of law remains salient for 21st century legal scholarship.

1. Reclaiming Fuller
I Form and Agency
II What is Being 'Reclaimed'?
III About the Book: Method, Material and Structure
IV Outline of the Chapters
2. Before the Debate
I The Early Fuller: Positivism and Natural Law at Mid-century
II Eunomics: A 'Science or Theory of Good Order and Workable Social Arrangements'
III Navigating the Labels
IV Conclusion
3. The 1958 Debate
I Mapping the Debate
II Reclaiming Fuller through the Nazi Law Debate
III Fuller and Legal Validity
IV Conclusion
4. The Morality of Law
I Mapping The Morality of Law
II Hart's Review of The Morality of Law
III A Different Path?
IV Conclusion
5. The Reply to Critics
I Mapping the 'Reply to Critics'
II Generality, Efficacy and Agency: Insights from the Archive
III Reflections on the 'Reply to Critics'
IV Conclusion
6. Resituating Fuller I: Raz
I Fuller and Raz
II Raz on the Rule of Law
III Raz on Authority
IV Conclusion: Form, Agency and Authority
7. Resituating Fuller II: Dworkin
I Fuller and Dworkin
II The 1965 Essays
III Dworkin's Project
IV Fuller, Dworkin and Interpretation
V Fuller, Dworkin and Methodology
VI Fuller, Dworkin and the Value of Legality
VII Conclusion: Taking Form Seriously
8. Three Conversations
I Morality
II Instrumentalism
III Legality
Fuller and Shapiro: A New Conversation?
IV Conclusion