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How well does the ratio decidendi of R v Brown (1993) 2 ALL ER 75 meet the eight criteria described by Lon Fuller as intrinsic to the 'inner morality of law' and which he considered 'essential to maintain any system of law.' (1964:4)
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How well does the ratio decidendi of R v Brown (1993) 2 ALL ER 75 meet the eight criteria described by Lon Fuller as intrinsic to the 'inner morality of law' and which he considered 'essential to maintain any system of law.' (1964:4) Identifying the basic building blocks required to construct a well-oiled legal system is the subject of much legal debate. Lon Fuller's contribution to this debate, as outlined in his 1964 book, 'The Morality of Law'1, is a particularly valuable one and specifies "eight kinds of legal excellence toward which a system of rules may strive."2 These 8 criteria can be seen as part of a procedural natural law approach rather than a substantive one. Thus, they should be viewed as procedural bulwarks 'essential' in 'maintaining any system of law.'3 Law-makers may occasionally breach any of the eight desiderata, fuelling controversy and concern as to the damage caused to...
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