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. The answer should state whether it is valid or not[4 marks]

Answer 1

This piece of legislation would likely be considered valid under the natural law theory of Lon Fuller. Fuller's theory advocates for laws that are in line with certain inherent principles of morality and justice, such as consistency, clarity, and the promotion of human dignity. In this case, the law provides clear guidelines for when an abortion can be performed, ensuring that the decision is made after consultation with medical professionals and a qualified psychiatrist. This promotes the well-being and autonomy of the pregnant woman, while also considering the ethical implications of the procedure. Additionally, the law does not apply retroactively, which ensures consistency and fairness in its application. Overall, this legislation aligns with Fuller's principles of legality and can be considered valid under his natural law theory.