This journal entry is based on unit 2 and, specifically, chapters 2 and 3 in Bilchitz et al.

In the country of Utopia, part of a relatively new, promulgated, law (already applied by the courts in several cases) reads:

Ԥ2Every pregnant woman may decide to have an abortion, during the first 20 weeks of pregnancy, after consulting with a medical doctor and obtaining counselling on the matter from a qualified psychiatrist.

§3 This law does not apply retroactively to cases which existed before its promulgation.’

Accept that this law defines ‘medical doctor’, ‘counselling’ and ‘qualified psychiatrist’.

1. Evaluate briefly, in a paragraph of 250-300 words, whether this piece of legislation is valid or not by applying the natural law theory of Lon Fuller thereto. [4 marks]

In evaluating the Utopian law on abortion in light of Lon Fuller's natural law theory, there are several aspects to consider. Firstly, the law appears to be clear and specific in outlining the requirements for a pregnant woman to have an abortion within the first 20 weeks of pregnancy. This clarity aligns with Fuller's principles of consistency and predictability in legal regulations. Additionally, the law seems to promote the value of autonomy by allowing women to make decisions about their own bodies after consulting with medical professionals. However, there may be some concerns regarding whether the law adequately considers the potential harm to the fetus and the value of human life, which are key components of Fuller's natural law theory. Overall, while the Utopian law on abortion aligns with some aspects of Fuller's theory, there may be room for further consideration of ethical concerns related to the protection of life.