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Law's Legitimacy: Lon Fuller in a Co...

Feldman, Daniel L.

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Law's Legitimacy: Lon Fuller in a Consequentialist Frame.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Law's Legitimacy: Lon Fuller in a Consequentialist Frame./
Author:	Feldman, Daniel L.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2024,
Description:	195 p.
Notes:	Source: Dissertations Abstracts International, Volume: 85-07, Section: A.
Contained By:	Dissertations Abstracts International85-07A.
Subject:	Philosophy. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30819839
ISBN:	9798381380682

Law's Legitimacy: Lon Fuller in a Consequentialist Frame.
Feldman, Daniel L.

Law's Legitimacy: Lon Fuller in a Consequentialist Frame. - Ann Arbor : ProQuest Dissertations & Theses, 2024 - 195 p.

Source: Dissertations Abstracts International, Volume: 85-07, Section: A.

Thesis (Ph.D.)--City University of New York, 2024.

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.

ISBN: 9798381380682Subjects--Topical Terms:

516511
Philosophy.
Subjects--Index Terms:

Consequentialism

Law's Legitimacy: Lon Fuller in a Consequentialist Frame.
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100 1 $a Feldman, Daniel L. $0 (orcid)0009-0006-8409-9926 $3 3774471
245 1 0 $a Law's Legitimacy: Lon Fuller in a Consequentialist Frame.
260 1 $a Ann Arbor : $b ProQuest Dissertations & Theses, $c 2024
300 $a 195 p.
500 $a Source: Dissertations Abstracts International, Volume: 85-07, Section: A.
500 $a Advisor: Gould, Carol.
502 $a Thesis (Ph.D.)--City University of New York, 2024.
520 $a 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.
590 $a School code: 0046.
650 4 $a Philosophy. $3 516511
650 4 $a Law. $3 600858
650 4 $a American studies. $3 2122720
653 $a Consequentialism
653 $a Jurisprudence
653 $a Legitimacy
653 $a Morality
653 $a Pluralism
690 $a 0422
690 $a 0398
690 $a 0323
710 2 $a City University of New York. $b Philosophy. $3 1030648
773 0 $t Dissertations Abstracts International $g 85-07A.
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792 $a 2024
793 $a English
856 4 0 $u https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=30819839