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Quotation of the Day…

Posted By Don Boudreaux On October 14, 2011 @ 7:14 am In Complexity & Emergence,Country Problems,Hubris and humility,Law | Comments Disabled

… is from pages 63-64 of the 1969 Revised Edition of Lon Fuller [1]‘s deeply profound 1964 book, The Morality of Law [2]:

Today there is a strong tendency to identify law, not with rules of conduct, but with a hierarchy of power and command.  This view – which confuses fidelity to law with deference for established authority – leads easily to the conclusion that while judges, policemen, and prosecuting attorneys can infringe legality, legislatures cannot, except as they may trespass against explicit constitutional restrictions on their power.  Yet it is obvious that obscure and incoherent legislation can make legality unattainable by anyone, or at least unattainable without an authorized revision which itself imparts legality….  Being at the top of the chain of command does not exempt the legislature from its responsibility to respect the demands of the internal morality of law; indeed, it intensifies that responsibility.

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[1] Lon Fuller: http://en.wikipedia.org/wiki/Lon_L._Fuller

[2] The Morality of Law: http://www.amazon.com/Morality-Law-Revised-Storrs-Lectures/dp/0300010702/ref=sr_1_1?s=books&ie=UTF8&qid=1318590798&sr=1-1

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