Professor Fuller defines law as a particular way of achieving social order by guiding human behaviour
according to rules. It is the enterprise of subjecting human conduct to the governance of rules.
According to Fuller, our legal procedures are built out of norms of justice, which have a moral
aspect. The procedures which are embodied in a legal system are morally important in determining
whether a set of rules count as a legal system. He believes that for a law to be called a law in true
sense, it must pass a moral functional test. If a rule or a set of rules fails to conform to this function,
it does not count as law. 5 While explaining the concept of morality, Fuller categorizes the term
morality into two different set of components. One set comprises of “morality of aspiration” and
“morality of duty”. Morality of aspiration connotes a desired norm of human conduct which would
seek to promote his best interest. Morality of duty describes the standards which are followed by
human beings at given time and place, so as to ensure smooth functioning of the society. The other
set of moralities consist of what Fuller calls as the “external morality of law” and “internal morality
of law”. Internal morality of law is concerned with the procedure involved in making law. Internal
morality of law can be said to be a morality of aspiration rather a morality of duty. And, external
morality of law denotes the substantive rules of law which are applied in decision making.6 Fuller
rejects the positivist approach to law. He urges the law makers to realize that there exist other ways
and means to attain society’s end rather than relying only to law. He believes that if the law makers
realize this, then they can make efficient use of law as an instrumentality to regulate our society.
Fuller asserts that not all mandates which have the power to compel compliance can be rightfully
treated as law. Fuller prescribes eight standards, and says that for a principle to be acceptable as
law, it must be measured in terms of these standards.
The principle must be expounded in a manner so that it can be generally applied. 2. Law must always
be promulgated, i.e., they must be communicated to the people to whom they are directed. 3.
Newly formed principles of law, should always be applied in a prospective manner. Retrospective
application of law should only be permitted on rare occasions depending upon exogenous
circumstances. 4. There should be clarity in law. 5. Law should be free from contradictory mandates.
6. Laws should not impose on individuals’ impossible standards of action. 7. Abiding by previously
announced norms, i.e., stare decisis is desirable according to Fuller, as the individuals are spared of
the changes that they are otherwise subjected to in case frequent alteration of laws. 8. According to
Fuller, for a law to attain its objectives, it must satisfy the requirements of what he terms as
“congruence”, which is the conformity with the prescribed norms and the actions of individuals.
According to Fuller, the lawmakers should consider each of the eight tests in determining whether a
law is validly acceptable or not. Even though, Fuller is a natural law philosopher, unlike the other
natural law philosophers, he does not believe that certain principles can be traced back to the
commands of a supreme beings and so they are universally correct rules which govern human
conduct. Fuller says that law is terrestrial in its origin and application. Law is made by man to suit the
needs of mankind. Therefore, a law has to have a unity of purpose for regulating human behaviour
for attaining society’s objectives.7 Fuller questions whether substantive rules of law can be neutral,
i.e., devoid of any relationship to morality. And, answers it in negative. He states that substantive
rules have to necessarily be moral for promoting objectives of mankind. (External morality) A law
should be fluid enough to adjust to the dynamic nature of mankind. And, it is only possible if it takes
into consideration the nature of man. Law according to Fuller should be used to bring people
together for fostering their best interest.
