Fuller believe that there are eight ways to fail to make
law. The first essential requirement he made was there should be rules. Also known as the generality of how a law must be expressed. It means that the law should aply generaly to all classes and not ruled out by a single person oinvalidating to us what is known as private laws or special legislations. In which fairness towards the general populace is being practiced and no political power is being harnesed at any level that would benefit certain sets of people. Although there is no perfect generality in law, the generality of law lies foremost on the people who are in authority. The generality of law must remain impersonal and the laws should be essential to a legal system. There fore tackiling the roots of governemt institutional design that spurs out the the essentials of generality of the law in conditions that its fair and impartial to its core. In which would show legislative equality and impartial adjudication of said laws. Examaple: the best example of generality of law in the philippiens covers the criminal law in the philippines. The sources of criminal law in the Philippines are: 1) The Revised Penal Code (RA 3815) and its amendments; 2) Republic Acts; 3) Presidential Decrees, and 4) other Special Penal laws passed by the Philippine Commission, Philippine Assembly, Philippine Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa. The generality of this law in a sense is that the it covers those who are in the philippiens regardles of the nationality and statue of living. We can understand that the generality of law in context from the book is that the fairness of the law applies to all. The impartiality and the due process that provides fair rights to people with out baises. Promulgation of law the second essential requisite he made was the promulgation of the law or the declaration of legal princeiples to be made known to public. He believed that a law should not be a law unless stated to the public or be made known in a public form. He felt that a sense of obligation towards a law that is willingly unknown to a person has no legal obligation. He felt that the entitilement of a citizen to know is important
and giving it adequate publication is a must. Therefore
the accesibility of the said laws to the public can give the citizens adequate informations about the said laws. In his ideology he belived that no one should be held accountable for something they do not know about. Failure to publicize law would result to a mass confusion. Example. One best example of which is the offical gazette of the pilippines. All of the laws that would pass by the senate congress and other law enacting body would be publicised through the official gazette in which is publicly available. Such as legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by said courts of sufficient importance to be so published and all other things that is conseidered as public or general application can be printed with autorization from the president. As printed upon the completion of the publication in the official gazette or any news paper in general circulation. Will have a fifteen day period before its recognition as a law. The law is not retro active. Third is that fuller believe that the morality of law must not be retroactive. In order for the law trully be exercised too its full capacity is that the law cannot be in retrospec. What it means is that we have to know to learn and specify how people will act in the near future rather than changing a behavior that occurred in the past. Often times law has a its iskcness that retrocactivity is a cure yet it must only be used when needed. With thath in mind he also felt that there could abuse in retroactivy of laws. In which changes the prospective impact of a said law. It is under treath of retrospective change. Example. The best example I can give is our penal laws. It is said in the criminal law book that penal laws have retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal. although at the time of the publication of such laws a
final sentence has been pronounced and the convict is
serving the same. The said retroactive effect on this matter is that you have to consider when the case is favorable to the accused. For example a special law made his senteces not severe but must omission penalized by a former statute. We can see that the law is fully excersized to its fullest extent with out being the harshet possible outcome. The fairnes in the morality of law shows that even retroactivity must be used in strict accordance with different laws. Not contradictory. Fourth is that fuller believed that the law must not be contradictory to itself. An act that cannot be forbiden and comanded at the same time. There are times when statutes to a law can overlap and invade a private space of a law. We can assume that the contradictory in a legal and moral argument when one contradicts the other we feel that an impostibility arise due to the fact that one thing cannot be done with out violating the other as fuller believed that it was a result of a legislative oversight and its purpose must be deliberated or understood in the way of both statues must meet or come to an undestanding. Instead of contradictions we should call it incompatibilies in which he introduced repugnant as an epitome on inconvienece due to the fact that when morality between leaglities of said incomapatibilites they tend to over powerone another. In which becomes repugnant or unacceptable.
United States v. James E. Jackson, Sidney Stein, Fred Fine, Alexander Trachtenberg, William Norman and George Blake Charney, 257 F.2d 830, 2d Cir. (1958)