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Submitted by:
Antara Rastogi
Division: A
Roll No:12
Class:BBA LLB of
CERTIFICATE
AKNOWLEDEGMENT
This project is not only the result of hardwork put by me but the
mentorship and guidance Prof. Dr. Mohd. Salim. Who throughout guided
me in the project which dealt with a very new method of legal research . I
would like to express my special gratitude and thank everybody for giving
me such attention and time.
My thanks and appreciations also go to my colleague in developing the
project and people who have willingly helped me out with their abilities.
INDEX
Biblography
Case Index
Fuller was a well known professor of general jurisprudence at Harvard Law School till
1972 when he retired. The array of his writings on law included legal philosophy,
contracts, mediation, comparative law, and legal procedure. 1 He was of the thought
that ‘law is no higher than a particular authority, that is, a sovereign state or a rule of
recognition, is morally neutral, and is merely an instrument of external ends such as
utility.’2Fullers work in jurisprudence is important in understanding the evolution of
twentieth century American legal philosophy. His work is considered landmark with
respect to positivism and legal realism.
Fuller denied the positivists' claim that law and morals can and should be sharply
distinguished, and he denied the realists' claim that fiat rather than law explains a
judge's decision in a difficult case. 3On one side, law is not simply reason or justice; on
the other, law is not simply the will of the sovereign or the interest of the dominant
class. Reason and fiat are intertwined, and it is a question for inquiry what the exact
mix is at a given historical moment.4
Fuller’s contribution toward jurisprudence can be summed up by his books which are:
Fuller was inclined to dwell on the way things can go wrong in the law —the
pathological cases.5
SUMMARY OF CASE:
There was massive escape of lethal gas, methyl isocyanide from appellants plant into
atmosphere which led to a man made calamity. Union of India (UOI) sued appellant
for compensation on behalf of all the aggrieved parties. UOI in exercise of power filed
suit in District Court at Bhopal the suit asked for decree for damages for people
affected by calamity,the matter first went to District Court, where awarded monetary
compensation to tune of 350 million dollars then went in appeal before High Court
compensation reduced to 250 million dollars after which decisions of High Court
challenged by appellant and UOI .enterprise which is engaged in hazardous or
inherently dangerous industry posing potential threat to health and safety of persons
working in factory owes absolute and non-delegable duty to community to ensure that
no harm done to any person - enterprise must be held to be under obligation to
provide that hazardous or inherently dangerous activity enterprise must be absolutely
liable to compensate for such harm - enterprise cannot take defense that it took all
reasonable care and harm occurred without negligence on its part.
See. Fuller, Lon L, “The Natural Law Philosophy in contrast toRoe v. Wade and Its ProgenyThomas W.
1
Strahan”.
2
See Fuller, Lon L, The Natural Law Philosophy in contrast toRoe v. Wade and Its ProgenyThomas W.
Strahan
3
See Summers, Robert,” LON L. FULLER”. By. Stanford University Press, Stanford, California, 1984. pp. xiii, 174.
Reviewed by William Powers, Jr. *
4
Fuller Lon Luvois,by Kenneth Winston retrived on 18 th September from http://ivr-enc.info/index.php?title=Fuller,_Lon_Luvois,
5
Fuller Lon Luvois,by Kenneth Winston retrived on 18 th September from http://ivr-enc.info/index.php?title=Fuller,_Lon_Luvois
6
In this essay he moves his argument further by bringing into light legal pathology
when it comes to the vast difference when a law is written in book and when it is
actually practiced .he focuses on balancing of legislative intent which is keeping
intact the idea with with the legislation was initially drafted and enacted with its
judicial interpretation..Also the focal point of his philosophy is preserving the integrity
of a legislation in situation of pressure and avoidance of irresponsible lawmaking.
The theory lays more focus on criminal law with respect to legal pathologies. In light
of criminal law , ‘ Fuller argues for the necessity of multiple ends and for a
compromise of punitive, deterrent, custodial, and rehabilitative aims.’8 Fuller refutes
that the modern society need law of crimes in order to define what is morally right
and wrong or to establish ‘a proper balance of advantage between the criminal and
honest man’9.He justifies penalities saying that in order for a legal system to uphold
its integrity it need a system where in order to upholds ones right and safety other
should be deprived of it.
6
, See Fuller, Lon L ,” Anatomy of the Law.” Review by: Philip SelznickHarvard Law Review, Vol. 83, No. 6 (Apr.,
1970), pp. 1474-1480Published by: The Harvard Law Review Association.
7
See Lon L. Fuller ,ANATOMY OF THE LAW. By. New York: Praeger. 1968. Pp. v,122
8
Am. J. Juris. (1970) 15 (1): 186-20, Review Of Fuller’s Anatomy of law
9
See Fuller, Lon L, Anatomy of law, page 29
7
Fuller says that ‘deterrence and restrain of immediate harm’ is the the primary object
of criminal law.The acceptable level of doctrine of retribution that is punishing a
person in a way that it is morally right and fully deserved, such that there is a balance
between penality and offence plays a primary role. Fuller argues that the clinical
approach toward law is acceptable as legal order is bound to change change over a
period of time and hence the pathologies are not carried out by chance, their roots lay
in the dilemmas of lawmaking and administration.
The concept of implicit law according to him rests on the fact that some social facts
carry legal authority, this authority is not derived from legislative but its force lays in
its factual circumstances and its relation with the legal system in simpler words when
there is a consensus on mode of conduct, rules perceptions and beliefs which are
stated it is immaterial to say that the officials “make” the.
Fuller says that citizens sometimes have distorted idea about the meaning of
statutory rules. Thus Fuller points out the need for institutional means of settling
particular disputes authoritatively.10
The "No man may profit from his own wrong"11 is not a stable foundation to deciding
judicial decisions ., it seems inappropriate to maintain that courts must "legislate" to
fill "gaps" left by legal rules.
If decision must be made in an area in which established legal rules are silent, it
would seem that the resulting disposition of the case would be an instance of judicial
fiat, a piece of retrospective legislation precisely because the decision would be out of
reach of established legal rules and the basis for prediction and criticism which they
afford.
10
Fuller, Lon L,ANATOMY OF LAW, (1976)p. 100.
11
Dworkin's drawn from Riggs v. Palmer, 115 N.Y. 506,
N.E. 188 (1889). Is Law a System of Rules?, supra at pp. 35-41.
8
BRIEF FACTS
On the night of December 2-3, 1984, the UCIL Bhopal chemical plant leaked a large
quantity of methyl isocyanate, a highly toxic gas, into the City of Bhopal, State of
Madhya Pradesh. Due to the wind the gas spread in the densely populated
surrounding areas causing thousands of people to die and over two thousand who
sustained bodily deformity. Shortly after the disaster, victims and their relatives
began to seek recovery from Union Carbide in United States courts. 12
The suit asked for a decree for damages for such amount as may be appropriate
under the facts and the law and what is fair and full, fairly and finally compensate all
persons and authorities who had suffered as a result of the disaster and were having
claims against the UCC.
It also asked for a decree for effective damages in an amount sufficient to deter the
defendant and other multi-national corporations involved in business activities from
committing wilful and malicious acts that disregard the rights and safety of the
citizens ofthe Constitution Bench which had recorded the settlement proceeded to
set out brief reasons on three aspects:
ISSUES RAISED
1. How did this Court arrive at the sum of 470 million US dollars for an over-all
settlement?
2. Why did the Court consider this sum of 470 million US dollars as 'just, equitable
and reasonable?
With respect to the companies liability with respect to law of torts it was established
that the liability rose out of the use of ultra-hazardous chemical poisons said to
12
Indian Environment Portal, retrived on 9 th Septeber 2013
http://www.indiaenvironmentportal.org.in/files/Federal%20Appeals%20Court%20Decision.pdf
9
engender not merely strict liability on Rylands v. Fletcher principal but an absolute
liability on the principals of M.C. Mehta's case.
The issue which could be discussed in light of Fuller’s Anatomy of law which talks
about legal naturalism in the light of fitting penalty to the crime in case of criminal
offenses, are:
(i) The criminal cases could not have been compounded or quashed and
immunity against criminal action could not be granted; and
It was discussed in the final decision that the court under the Article 142 had
power to squash the criminal proceedings against the UCC and further more
make it liable to not only pay compensatory but exemplary damages in the light
of the fact that the company acted grossly negligently when it was suppose to
take due care and causion.
In the case it was contended that the court had no right to command UCC to pay
interim compensation.
Basically the Article 142 of Indian Constitution says that when is comes to
limitation and prohibitions of a provision they cannot have a overruling power on
the decision of the Apex court. Also while forming such provisions public policy
at large should be kept in view and the court has discretion to amend those
policies.
Thus by the force of article 142 of constitution the government had the power to
pass decree for the immediate welfare of the citizens who were grossly affected
by the events of gas leak.
Here Fuller’s philosophy of Anatomy of law talks about the very same aspect of
law it says that when it comes to providing relief law should be considered but
courts should legislate in such a way that it fills the gaps between what is
written and ought to be done.
Also the the decree of the government is defended by the theory of “ made” law
by Fuller it say that where customs and practices do not gain the force of law
until and unless they are approved by a competent authority.
In the case the issue that whether criminal proceedings against a wrongdoer
could be mitigated by penalties. The judgment of the case shows that it can
10
happen and is possible that the court has the power to squash criminal
proceeding. Fuller’s philosophy also hints natural justice in same context where
he argues the need for criminal law to define the morality of action.
CONCLUSION
We at the face of it we are made to agree why a proper settlement could not be set
aside on the ground that natural justice have been violated and that practical
consequences arise out of the fact that it is not practical.The the validity of the
settlement could not be assured.
I am in disagreement of Fuller’s Philosophy as it is vague and not in compliance of his
earlier philosophies. He tries to combine natural justice with positivism which are both
to an extent contradictory concepts, his view of criminal law and pathologies though
could be applied but it is not fit for use in all situations.
BIBLOGRAPHY
Fuller,L.L., ‘Human Interaction and the Law’ from (1969) 14 Amer. J of
jurisprudence 1
Fuller, L.L, “Morality Of Law”, Universal Law Publishing Company, Delhi, Edi V,
2009
11
Selznik, Philip, “Anatomy of law By LL Fuller”, Harvard Law Review, Vol. 83,
No. 6,April 1970
Summers, Robert,’LON L. FULLER.’ Stanford University Press,Stanford,
California, 1984. pp. xiii, 174.
CASE INDEX:
1. Union Carbide Corporation V Inion Of India
MANU/SC/0058/1992
Equivalent Citation: I(1992)ACC332, AIR1992SC248,
1991)3CompLJ213(SC), JT1991(6)SC8, 1991(2)SCALE675, (1991)4SCC584,
[1991]Supp1SCR251, 1992(1)UJ505