DHARMASHASTRA NATIONAL LAW UNIVERSITY

(Session 2022-2023)

Topic

Fuller and Natural law

Submitted To: Submitted By:

Mr. Manwendra Tiwari Prabhat Sharma
[Associate Professor of law ] Section – B
 BALLB/149/21

Acknowledgement

The completion of this project required counselling and assistance from many people and I’m
really thankful towards them for their counselling in my project.
I would like to express my deep gratitude towards my teacher Associate. Professor Mr.
Manwendra Tiwari who took acute interest in my project and guided me all along. I’m
feeling extremely privilege to have him as my instructor in the project. I owe my deep
gratitude to the vice-chancellor Dr. V. Nagaraja for his valuable support throughout the
project. This project helped me in gathering a lot of knowledge and becoming more aware of
things related to my topic.
I would like to extend my gratefulness to my parents and friends for their valuable support
and advice. I am making this project not only to get but also to enhance my knowledge. At
the end I would like thank everyone who helped me and invested their valuable time for this
project.

Prabhat Sharma

SYNOPSIS

Title- Fuller and Natural law

Introduction- Jurisprudence is the study of law and legal systems, including their
origins, nature, and development. One of the most influential legal theorists of the
20th century was Lon Fuller, who developed a theory of law based on natural law
principles. In this paper, we will explore Fuller's ideas about natural law and their
implications for the understanding of law and legal systems. Fuller and Natural Law
are two concepts that are often discussed in the context of legal philosophy. The
concept of Natural Law suggests that there is a set of universal principles that
govern the behavior of all individuals, and these principles are discovered through
reason and observation. These principles are said to be inherent in human nature and
are not created by humans. The principles of Natural Law are often used to criticize
laws that are perceived as unjust or immoral.

On the other hand, Fuller's theory of law emphasizes the importance of procedural
fairness and the rule of law. According to Fuller, laws should be clear, consistent,
and publicly available, and should be applied equally to all individuals. He argues
that laws that do not meet these criteria are not legitimate and should not be
enforced.

Both Natural Law and Fuller's theory of law have had a significant impact on legal
philosophy and have been used to criticize and reform legal systems around the
world. Understanding these concepts can help us better understand the role of law in
society and how we can ensure that laws are just and fair.

Research Methodology- Doctrinal research also known as, theory-testing

or knowledge building research has been done to shape the project. The
research was done mainly by e-resources. A lot of researches have already been
conducted on the same topic so some research papers have also been gone
through. With the help of internet various books’ summary and their excerpts
were read. Various magazine and articles are also taken into account to know
various opinions and point of views on the same topic. Various materials that
are available on e-sources have been critically analyzed and the similar ideas
have been put forward in the project. All the primary as well as secondary
documentary sources will be utilized to make the study up-to-date, orderly and
scientific. Various reports, books, articles, journals, judicial decision, website,
international, constitutional norms and national measures will be taken as
important research tools. Besides these methods, some other methods will also
be applied according to the need of the study.

Objectives-
 To understand the concept of natural law and its significance in the legal
philosophy of Fuller.
 To examine the ways in which Fuller’s theory of natural law differs from the
traditional natural law theory and its implications for legal theory and
practice.
 To critically analyze Fuller’s critique of legal positivism and its relevance to
the natural law theory.
Research Questions-
 What is the concept of natural law and how does it relate to Fuller’s
jurisprudence.
 What are the main criticisms of Fuller’s approach to law and how do they
relate to the principles of natural law?
 What are the implications of Fuller’s approach to law for the role of judges in
interpreting and applying legal principles in accordance with natural law?

Fuller’s Natural Law Theory

Fuller’s natural law theory is based on the idea that law is not simply a set of rules
created by human beings, but rather is grounded in the natural order of the universe.
According to Fuller, there are certain fundamental principles of justice that are
inherent in the nature of things, and that these principles provide the basis for a just
legal system.

One of the key principles of Fuller’s natural law theory is the idea of morality. Fuller
argues that morality is an essential component of law, and that laws that violate
moral principles are not legitimate. For example, laws that discriminate against
certain groups of people or that deny individuals their basic human rights are not
legitimate, because they violate moral principles of justice.

Another important principle of Fuller’s natural law theory is the idea of fairness.
Fuller argues that legal rules should be fair and impartial, and that they should apply
equally to all individuals. This principle is closely tied to the idea of the rule of law,
which holds that laws should be clear, consistent, and predictable, so that individuals
can know what is expected of them and can plan their actions accordingly.

Fuller also emphasizes the importance of human dignity in his natural law theory.
He argues that legal systems should respect the inherent worth and dignity of each
individual, and that laws should be designed to promote human flourishing and well-
being. This principle is closely connected to the idea of human rights, which are
rights that are inherent to all individuals simply by virtue of their humanity.
Implications for Legal Systems

Fuller’s natural law theory has important implications for the design and operation
of legal systems. One of the key implications is that legal systems should be
designed to promote the principles of justice, fairness, and human dignity. This
means that laws should be carefully crafted to avoid moral violations, and that they
should be applied fairly and impartially to all individuals.
Another important implication of Fuller’s natural law theory is the idea of the rule of
law. Fuller argues that the rule of law is essential to a just legal system, because it
ensures that laws are clear, consistent, and predictable. This allows individuals to
plan their actions in accordance with the law, and it provides a basis for resolving
disputes in a fair and impartial manner.

Fuller’s natural law theory also emphasizes the importance of human rights.
According to Fuller, legal systems should respect the inherent dignity of each
individual, and should be designed to promote human flourishing and well-being.
This means that legal systems should protect basic human rights, such as the right to
life, liberty, and property, and that they should be designed to promote the common
good of all individuals.

Critiques of Fuller’s Natural Law Theory

While Fuller’s natural law theory has been influential in legal theory, it has also
been subject to critique. One of the key critiques is that Fuller’s theory does not
provide a clear basis for distinguishing between moral and legal principles. Critics
argue that Fuller’s natural law theory collapses the distinction between morality and
law, and that it fails to provide a clear basis for distinguishing between the two.

Another critique of Fuller’s natural law theory is that it is overly idealistic and fails
to account for the realities of legal practice. Critics argue that Fuller’s theory is too
focused on abstract principles of justice and fairness, and that it fails to account for
the practical challenges of designing and implementing legal systems in the real
world.
 Conclusion

Fuller’s natural law theory provides a compelling framework for

thinking about the nature and purpose of law. By emphasizing the
importance of morality, fairness, and human dignity, Fuller’s theory
provides a basis for evaluating legal systems and for promoting the
principles of justice and human rights.

However, Fuller’s natural law theory has also been subject to critique,
and it is important to acknowledge the limitations of this theory. While
Fuller’s theory provides a powerful vision for the ideal legal system, it
may be difficult to implement in practice, and it may not always provide
clear guidance for resolving specific legal disputes.

Despite these critiques, Fuller’s natural law theory remains a valuable

contribution to the field of jurisprudence, and it continues to influence
legal thinking today. By emphasizing the importance of human rights
and the rule of law, Fuller’s theory provides a framework for thinking
about how legal systems can promote the common good and serve the
needs of all individuals.

Furthermore, Fuller’s natural law theory provides a basis for evaluating

legal systems and for identifying areas where they may fall short of the
principles of justice and fairness. This can be particularly valuable in
situations where legal systems are used to justify or perpetuate unjust
social structures or practices.

Moreover, Fuller’s natural law theory can be applied to a wide range of

legal contexts, from criminal law to international law. For example, the
principles of morality, fairness, and human dignity that are central to
Fuller’s theory can help guide the development of international human
rights law, and can provide a basis for evaluating the legitimacy of
international legal institutions and practices.