LON FULLER’S LEGAL THEORY AND THE RULE OF LAW

Abstract

This article seeks to discuss Lon Fuller's theory of law, known as the “internal morality of law”, which was developed from a heated debate with H.L.A. Hart, documented in two articles published by Harvard Law Review and which continued with some responses and replies in books published by the authors in subsequent years. The debate discussed, among other things, whether there was actually a legal system in Nazi Germany and how post-war German law should be interpreted for acts that occurred in the Reich. We analyze Fuller's theory, using Hart's theory as a critical paradigm, to propose its use as a theoretical foundation for the necessary assumptions to be adopted by the State-Judge to substantiate and justify the judicial decision, under the rule of law.