“Intenzionalità” del diritto in Lon L. Fuller

Piero Marra186-202

Abstract: Aspiration of Law in Lon L. Fuller

The concept of law is not extraneous to the experience, nor is it unrelated to the methodology in which experience is the essential sense and significance of the jurist’s practical activity. This basic aspect is captured by the procedural approach of the Texan philosopher Lon Luvois Fuller (1902-1978). The thesis is particularly interesting: the procedures represent significantly deontic conditions of legal experience. The Fullerian methodology, however, while not starting from a substantive and external idea of the good, does not lead to a formalistic idea of the concept of law. Indeed, legal existence is viewed as a cooperative human enterprise subject to different degrees of failure. To capture the legal complexity there is the aspiration of the law that refers to the decisive role of the subject.