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

Question

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

‘§2Every 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]

Answer 1

According to Lon Fuller's natural law theory, a valid law must meet certain criteria, including being clear, consistent, and applied in a non-arbitrary manner. In the case of the abortion law in Utopia, the law appears to be clear in its requirements for pregnant women seeking an abortion during the first 20 weeks of pregnancy. The law also ensures that pregnant women have access to medical and psychiatric professionals for consultation and counselling. However, there may be room for interpretation regarding what constitutes a "qualified psychiatrist," which could potentially lead to inconsistency in its application. Additionally, the law does not address potential conflicts with other laws or ethical considerations that may arise in certain cases. Overall, while the abortion law in Utopia appears to meet some of Fuller's criteria for validity, there may be aspects that require further clarification and examination to ensure its effectiveness in upholding justice and the common good.