THE PROBLEM OF THE RELATIONSHIP BETWEEN MORALS AND LAW IN LON FULLER FACED FROM INTERNAL AND PROCEDURAL MORALITY

Abstract

This article seeks, from a qualitative study supported by bibliographic research, to expose the central ideas of the production of Law in Lon L. Fuller, who presents a critique of legal positivism and his own theory regarding the relationship between Law and Morals. Fuller’s recovery and rescue as an original thinker, from his central work The Morality of Law, published in 1964 as the product of a series of lectures held by the author in 1963 at Yale University, proves fundamental to the philosophy of law. Fuller’s production intends to offer an answer to the problem of Morality and Law from a conception that will sustain the necessary relationship between these spheres, supported by a procedural morality, which is constitutive and internal to the Law itself. It is possible to conclude that this Fullerian project, despite the intense debates that took place in the second half of the 20th century, does not seem to have been adequately understood by its critics.