C/L/127. Fuller's View of Natural Law

The key feature of Fuller's theory of natural law is that it is this process that protects the autonomy of the individual and protection of their moral values. In this view of natural law, there is no strict moral code but an activity that grows and evolves with the changing mode and views of the society. Fuller's approach accepts the basic precepts of natural law and natural rights; however the rule of law cannot be vague it needs to ensure that the autonomy of the individual is protected but effectively balanced with the duty of the state to provide a safe and secure society for all. Therefore in many ways Fuller takes pieces from natural rights law and procedural legal theory to create a theory of law that can be instituted; rather than full of moralistic values that cannot be practically instituted into law making. This discussion will consider Fuller's approach and its critics, such as Hart. It will also consider positivism, Holism and Dworkin's theory of the rule of law.