Northwestern University School of Law Northwestern University School of Law Scholarly Commons Faculty Working Papers 1981 Lon Fuller and Substantive Natural Law Anthony D'Amato Northwestern University School of Law,
[email protected] Repository Citation D'Amato, Anthony, "Lon Fuller and Substantive Natural Law" (1981). Faculty Working Papers. Paper 131. http://scholarlycommons.law.northwestern.edu/facultyworkingpapers/131 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Working Papers by an authorized administrator of Northwestern University School of Law Scholarly Commons. Lon Fuller and Substantive Natural Law, by Anthony D'Amato,* 26 Am. J. Juris 202-218 (1981) Abstract: I will contend that Fuller's secular or "procedural" natural law, as described by Moffat, does not cover the theoretical position that could be occupied by a substantive natural lawyer, that such a theoretical position is viable today, and that there are some key elements in Fuller's theory that actually conflict with substantive natural law and might therefore be criticized from that perspective. Tags: Jurisprudence, Natural Law, Fuller (Lon), Hart, Dworkin, Cicero, Bentham, Austin, Aquinas [pg202]** Since Lon Fuller was the efficient, sufficient, and necessary cause of my entering the field of jurisprudence, it is with some trepidation that I venture here to criticize his work. However, I take a little comfort from the fact that he always welcomed criticism, even from, and sometimes particularly from, the converted. I will contend that Fuller's secular or "procedural" natural law, as described by Professor Moffat, does not cover the theoretical position that could be occupied by a substantive natural lawyer, that such a theoretical position is viable today, and that there are some key elements in Fuller's theory that actually conflict with substantive natural law and might therefore be criticized from that perspective.