You are on page 1of 3

General rule.

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.

You might also like