Law's Legitimacy: Lon Fuller in a Consequentialist Frame

<p>This thesis argues that Lon Fuller’s approach to jurisprudence offers more important support to the rule of law than has been generally recognized. It argues further that a consequentialist lens allows clearer views of Fuller’s strengths in this regard, despite Fuller’s own resistance to consequentialism and despite consequentialism’s blindness to some of Fuller’s depth and texture. This thesis supplies a formula, although one intended only as a guide to thinking, not for actual computation, to drive judicial decision-making. The inputs into this formula are six values widely shared in the United States, modified by case-by-case salience. Kantian deontology strongly influences at least one such value. The thesis defends this unusual pluralistic version of consequentialism. It hopes to encourage jurists to find common ground based on those values, values themselves deeply rooted in American culture, and in so doing, may strengthen the legitimacy of American law and legal institutions. It also gleans from Fuller’s work a sense of his likely metaethics, whose modesty offers an illuminating symmetry with his jurisprudence, especially in comparison with the metaethics and jurisprudence of his two principal rivals, H.L.A. Hart and Ronald Dworkin. Finally, it argues that American law would do well to adopt his approach to the interpretation of legal documents.</p>

Name thesis:degree_name

Doctor of Philosophy

Level thesis:degree_level

Doctoral

Discipline thesis:degree_discipline

Philosophy

Grantor

The Graduate School and University Center of The City University of New York

Year dc:date.available

2024

Author dc:creator

• Feldman, Daniel L

Advisor dc:contributor.advisor

• Carol Gould

Committee members dc:contributor.committeemember

• Jeremy Waldron
• Steven Ross
• Stephen Neale

• Jurisprudence
• Philosophy
• pluralism
• consequentialism
• legitimacy
• morality

Repository record dc:identifier

https://academicworks.cuny.edu/gc_etds/5618

OAI identifier oai:identifier

oai:academicworks.cuny.edu:gc_etds-6724