A Study on the Limitations of Lon L. Fuller’s “Inner Morality of Law,” through an Analysis of the Legality of “The Purge Law” and the Establishment of a Measure for Legal Morality in the Contemporary Context

Abstract

“The Purge” is a film series that presents a dystopian narrative set in an American society plagued by economic hardship and rampant crime. In response, the Government enacts “The Purge Law” to establish an annual “Purge Night” which legally permits citizens complete freedom to commit any type of crime for a 12-hour period. The stated purposes of this event are to allow citizens to release pent-up frustrations and violence, leading to the restoration of peace and economic stability within the country, population control, and the maintenance of a low crime rate throughout the year. However, the films highlight the problems arising from the enforcement of The Purge Law, including issues of violence, social inequality, politics and power, as well as ethical and humanitarian concerns. It also reflects the philosophical concept of the relationship between law and morality. Given these problems and the legal allowance for citizens to commit crimes without penalty, a question arises: should The Purge Law even be defined as a law? Furthermore, even if The Purge Law is considered a law, is it a good law? What measures are used to assess whether that law is a good law?

Consequently, the authors utilize the philosophical concept and legal theory of “Inner Morality of Law” by Lon L. Fuller, which emphasizes the relationship between law and morality, as a tool to analyze the legality of The Purge Law. Moreover, when applying Fuller’s “Inner Morality of Law” to certain facts within The Purge, limitations in explaining the definition and legality of The Purge Law emerge. Therefore, the authors aim to present the limitations of Fuller’s legal concept, and to propose approaches to address these limitations.