Lon fuller was professor of law at harvard law school 34 lon fuller by a narrow margin you have been elected minister of justice of your country a nation of some twenty million inhabitants at the outset of your term of of- fice you are confronted by a serious problem that will be described below. Lon l fuller, the problem of the grudge informer constitutional law: interpretation and the first amendment legal reasoning and constitutional interpretation. Fuller is known for two thought experiments he posed and used to illustrate his own approach to the law, one of which we have already seen: the case of the grudge informer and the case of the speluncean explorers.
He was the author of the unfinished constitution: philosophy and constitutional practice (1989), words that bind: judicial review and the grounds of modern constitutional theory (1995), and race, equality, and the burdens of. The book contains an appendix, the problem of the grudge informer, one of fuller's imaginary cases or problems, this one based on a very real situation which existed in nazi germany at the end of the world war ii the morality of law should be read by all those concerned with the problems of jurisprudence. Readings in the philosophy of law was the book required for phil 368 - law, justice and punishment an interesting text examining the sociological and philosophical impact of laws in america, providing clear and concise case examples. Grudge informer notes our reading fuller's case of the grudge informers is as famous as hart he counsels ignoring the problem and letting private revenge and.
At the former, judges have to resolve issues of substantive law such as the issues of criminal law in the grudge informer case at the latter, judges confront the question of what fuller called their “ideal of fidelity to law,” since they are faced with questions about what legality — the principles of the rule of law — requires. Lon fuller, “the problem of the grudge informer” pp 159 -163 lon fuller, “the case of the speluncean explorers” phl 354: philosophy of law. The problem of the grudge informer esmeralda santos as the newly elected minister of justice, i have decided to adopt the recommendation of the third deputy.
The grudge informer case revisited david dyzenhaus1 introduction one of the points of contention in hla hart’s and lon l fuller’s 1958 debate2 was a. Fuller acknowledges the diversity of jurisprudential attitudes as exhibited in his fictional case of the case of the speluncean explorers, as a natural law theorist, he maintains that there is a necessary connection between the law and morality. Philosophical problems in the law the antelope the problem of the grudge informer (lon fuller) the case for a duty to rescue / ernest weinrib. In anglo-american legal theory the issue of nazi law has to a large extent been seen in light of the exchange between hla hart and lon l.
Excising the harmful tradition of female circumcision, editors, harvard law review trying out one's new sword, mary midgley taking rights seriously, ronald dworkin. Words that bind: judicial review and the grounds of modern constitutional theory the problem of the grudge informer, lon fuller a case study. This article explores a decision by a german postwar court — the case of the grudge informer — which was central to the 1958 debate between hla hart and lon l fuller.
Readings in the philosophy of law lon fuller the problem of the grudge informer 43 lon fuller a case study in interpretation. The problem of the grudge informer, lon fuller a case study: interpreting the readings in the philosophy of law, 3rd edition. Georgia the utilitarian theory of criminal punishment, richard b brandt persons and punishment, herbert morris restitution: a new paradigm of criminal justice, randy e barnett legal cases in criminal law: racial bias in sentencing: mcclesky v kemp cruel and unusual punishment: rummel v estelle 11 problems of criminal liability.Download a review of the problem of the grudge informer a fictional case by lon fuller`