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

In evaluating the validity of the abortion law in Utopia under Lon Fuller's natural law theory, several key elements must be considered. Fuller’s theory emphasizes the need for laws to be clear, consistent, and applied fairly to all individuals. In this case, the law outlines a clear process for pregnant women to follow in order to obtain an abortion, including consulting with a medical doctor and a qualified psychiatrist. Additionally, the law sets a time limit of 20 weeks for when the abortion can be performed, providing a consistent standard for all cases. Furthermore, the law includes a provision that it does not apply retroactively, ensuring fairness and predictability for individuals involved in cases predating the law's promulgation. Overall, the legislation in Utopia aligns with Fuller's natural law theory by promoting clarity, consistency, and fairness in the legal system. Thus, this piece of legislation can be deemed valid under the natural law theory of Lon Fuller.