Perhaps in time legal philosophers will cease to be preoccupied with building “conceptual models” to represent legal phenomena . . . and will turn instead to an analysis of the social processes that constitute the reality of law.
The “Peacemaker Test” executes the “turn” that Lon L. Fuller, in the passage quoted above, hoped legal philosophy would take. Although the Peacemaker Test is what Fuller called a “conceptual model,” it was derived from the work of peace studies scholars who described and listed the characteristics that they observed in effective peacemakers. Because of its origin in actual dispute resolution, it is anchored in what Fuller called the “social processes that constitute the reality of law.
The test asks questions about legal rules in order to