The idea of legal fidelity has been debated for centuries, serving as a battleground between different schools of legal thought. Natural Law vs. Legal Positivism
Consequently, as Dworkin suggested, "fidelity to law" often defaults to "fidelity to your own conception of law". Philosophical Foundations: Fuller vs. Wendel
In contemporary democracies, maintaining a culture of fidelity to law faces several systemic challenges:
Fuller insisted that a regime that systematically violates these principles does not deserve the fidelity of right-thinking people. A citizen owes a duty to obey only where this inner morality is present. Law, as something deserving loyalty, must represent a human achievement; it cannot be a simple fiat of power or a repetitive pattern discernible in the behavior of state officials. The second picture is well captured by Fuller's notion of fidelity to law: law is in its nature something good, or at least striving toward being something good, and deserving our obedience, all else equal.
Many legal philosophers, including Fuller, argue that when the "inner morality" of law is completely broken, the obligation of fidelity breaks, too. Conclusion
Rules should only apply to future actions (no "after-the-fact" crimes). Clarity: Laws must be understandable to the average person. Consistency: Rules cannot contradict each other. Possibility: The law cannot demand the impossible.
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