LON FULLER's INTERNAL MORALITY OF LAW (1969) argues that even POSITIVI…

Question

LON FULLER's INTERNAL MORALITY OF LAW (1969) argues that even POSITIVIST law has a MINIMAL MORALITY:

Accepted Answer

D.

1. LON FULLER (1902-1978), Harvard, defended NATURAL LAW against legal positivism.
2. In 'The Morality of Law' (1964/1969), Fuller argued that even POSITIVIST law has a MINIMAL morality — what he called the INTERNAL MORALITY OF LAW.
3. EIGHT PRINCIPLES (failures of which lead to system not deserving to be called law):
4. (i) GENERALITY — laws must be general rules (not particular commands);
5. (ii) PUBLICITY — laws must be public, accessible to subjects;
6. (iii) PROSPECTIVITY — laws should be prospective, not retroactive;
7. (iv) CLARITY — laws must be intelligible;
8. (v) NON-CONTRADICTION — laws should not contradict each other;
9. (vi) POSSIBILITY of COMPLIANCE — laws should not require impossible conduct;
10. (vii) CONSTANCY — laws should be stable, not constantly changing;
11. (viii) CONGRUENCE between RULES and ADMINISTRATION — official action should accord with declared rules.
12. This is PROCEDURAL natural law — distinct from SUBSTANTIVE natural law (Aquinas).
13. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Lon Fuller, 'The Morality of Law' (1964/1969)_