Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller - Hardcover

Kristen Rundle

Hardcover

ISBN 10: 184946104X ISBN 13: 9781849461047

Publisher: Hart Publishing, 2012

Synopsis

Lon L Fuller's account of legality is widely accepted as the classic twentieth 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 HLA 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 twenty-first century legal scholarship.

About this title

Product Description:

Lon L Fuller's account of what he termed 'the internal morality of law' is widely accepted as the classic twentieth century statement of the principles of the rule of law. Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy. 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 explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive 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 twenty-first century legal scholarship.

Review:

There is much of interest in this book for any legal philosopher. It is good to see the various elements of Fuller's work brought together as a larger interconnected project; and the interweaving of published and unpublished materials is a useful aid to deeper appreciation and understanding. -- T.R.S. Allan * The Cambridge Law Journal Volume 72, No. 3 * Rundle has written a beautiful book about the 'jurisprudence' of Fuller. This was to be expected for those who were already familiar with her work. (Translated from the original Dutch) -- Thomas Mertens * Netherlands Journal of Legal Philosophy Volume 1 * ...a highly informative and thought-provoking book, rich in detail, sensitivity and rigour. It succeeds admirably in its aim to re-orientate our understandings of Fuller's thinking, and leaves the reader with the desire to revisit and reflect anew on his central concerns. -- Sean Coyle * Jotwell: The Journal of Things We Like (Lots) * In her thoughtful and elegantly written book Forms Liberate, Kristen Rundle offers a host of valuable insights into Lon L Fuller's theory of law and its place within modern jurisprudential thought. -- Noam Gur * Jurisprudence (Review Symposium), Volume 5, Issue 1 * In a rigorous, beautifully written and carefully designed monograph, Rundle draws on both Fuller's published works and archival material to reconstruct a number of Fuller's theses whose interest lies not just in their historical significance but also, and indeed primarily, in the role they can play in the contemporary debate in the philosophy of law. -- Stefano Bertea * Jurisprudence (Review Symposium), Volume 5, Issue 1 * Rundle successfully reclaims Fuller from the distorted picture that arose in the wake of the Hart-Fuller debate and argues for taking the form of law seriously. -- Wibren van der Burg * University of Toronto Law Journal, Volume 64, Issue 5 *

About this edition

• Publisher: Hart Publishing
• Publication date: 2012
• ISBN 10: 184946104X
• ISBN 13: 9781849461047
• Binding: Hardcover
• Edition number: 1
• Number of pages: 222