법의 ‘내적 도덕성’과 법률가의 ‘내적 관점’

In this article Fuller's theory of “the morality of law” was examined in terms of the relationship between lawyers (i.e. lawmakers and law-enforcer) and citizens. To that end, first, I explored who Fuller's main listener is and how these settings affect Fuller's legal philosophy. By postulating lawyers as his main audience and defining the law in relation to lawyers’ fundamental task, he suggested an anti-positivist concept of law. Second, I delved into what the principles of legality are and their relationships with the concept of law and lawyers. Through characterizing law as a purposive enterprise Fuller put the connection between law and morality within “lawmaking,” which is a distinct kind of conduct, rather than within law itself. The principles of legality are not the morality of positive law but lawyers’ role morality required for a certain kind of human with distinctive tasks, in that they are moral values to be pursued by lawmakers in the lawmaking process. Third, based on the understanding of the principles of legality, I investigated the view of citizens implicit in Fuller’s legal theory and the morality in the law-mediated relationships between citizens and lawyers. Fuller depicted people willing to live by law as self-determining citizens and law as an available form of their lives. Thus, he thought that lawyers should advise and help the citizens establish law-governed interactional relations with each other. Furthermore, they should not neglect to concentrate to their best on improving their law and legal system.