“There must be rules”: the rule of rules and legality

Abstract

This work is on the principles of legality referred by Lon Fuller and, in particular, about theirmost basic aspect, which is found in the idea that legal orders are made of rules. Rules arepatterns of behavior which presuppose the ability to act of the individuals to which they areaddressed, asking them to perform possible actions in a different fashion to that that wouldresult if they were physically moved to act in a given sense, i.e. rules must be self-applyingrules leaving a margin to the active intervention of individuals who value and decide if eachrule effectively refers to them, the particular action required or the conditions in which it isrequired. Legality would be thus conceptually linked to the moral dimensions which Fullersaw implicit in the law and, singularly, with autonomy and respect for the dignity of the peoplewhich are implicit in the recognition of their capacity for self-direction and accountability fortheir decisions, since only subjects endowed with those capacities are suitable to be the kindof subjects legal orders are addressed to.