20190926_04084942.pdf - indeed he did when he sought to...

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indeed, he did when he sought to craft a new jurisprudential inquiry through his eunomics project – that legal philosophers must turn to practice if they are to understand what is involved in achieving and maintaining a condition of legality. Or, at the very least, the message we receive from the “Reply” is that much is lost if the project of legal philosophy invests its efforts, as Fuller thinks legal positivism does, in consciously diverting our attention from how law works in practice in favour of abstract claims about 87 what is logical or necessary for its existence. 85 Fuller, The Morality of Law, supra note 9 at 91. 86 Fuller, “Positivism and Fidelity to Law”, supra note 9 at 644. 87 Fuller speaks in an archival note, for example, of how his critics like to invoke “the romantic figure of the fiendishly evil legislator, who delights to chase down his victims with an exquisite respect for legality” when responding to his arguments: Undated document titled “Legal morality”, The Papers of Lon L. Fuller, Harvard Law School Library, Box 12, Folder 1 (“Notes for the Reply to Critics”). 122 In the “Reply”, then, we can see how the positivist disregard for practice might explain why the position of the legal subject plays such a small role in their account of law. Indeed, with respect to this point, it is worth noting that the context of the archival note where Fuller rebukes his critics for their failure to recognize how meeting the demands of the internal morality requires “real effort at identification with the subject of the law” is his attempt to respond to the “incredulity displayed” toward his suggestion that, in practice, there seems to be a link between the internal morality of law and the moral 88 quality of the external aims that might be pursued through it.
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