1

Lon L Fuller’s ‘Anatomy of Law’

and
‘Union Carbide Corporation v. Union
of India, (1992).’

Submitted by:

Antara Rastogi
Division: A
Roll No:12
Class:BBA LLB of

Symbiosis Law School, NOIDA

Symbiosis International University, PUNE
In
September, 2013

Under the guidance of

Dr. Mohd Salim

Professor of Jurisprudence(Legal Theory, Indian Legal System

and Basic Theory of Law)
Symbiosis Law School Noida
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CERTIFICATE

The project entitled “Lon L Fuller’s Anatomy of Law and Union

Carbide Corporation V Union of India, 1992 “ submitted to the
Symbiosis Law School, NOIDA for JURISPRUDENCE (Legal Theory, Indian
Legal System and Basic Theory of Law) as part of Internal assessment is
based on my original work carried out under the guidance of Dr. Mohd
Salim from July to October. The research work has not been submitted
elsewhere for award of any degree.
The material borrowed from other sources and incorporated in the thesis
has been duly acknowledged.
I understand that I myself could be held responsible and accountable for
plagiarism, if any, detected later on.

Signature of the candidate:

Date:
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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.

I express my heartfelt gratitude to you for guiding throughout.

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INDEX

 About Lon L Fuller’s Jurisprudential Philosophy

 Case in Brief L.L Fuller’s Anatomy of Law

 CASE: Union Carbide Corporation V Union of India

 Philosophy and Case

 Biblography

 Case Index
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L Fuller’s Anatomy of Law and Union Carbide Corporation

V Union Of India, 1992

ABOUT THE PHILOSOPHER

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:

 Case of Splelucean Explorers

 Morality of law
 Anatomy of law

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

1 See. Fuller, Lon L, “The Natural Law Philosophy in contrast toRoe v. Wade and Its ProgenyThomas W. 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 18th September from http://ivr-enc.info/index.php?title=Fuller,_Lon_Luvois,
5
Fuller Lon Luvois,by Kenneth Winston retrived on 18th September from http://ivr-enc.info/index.php?title=Fuller,_Lon_Luvois
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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.

FULLER’S ANATOMY OF LAW:

As quoted by Philips Selnik, Fuller’s anatomy of law offers “the thoughtful and
sensitive citizens” a glimpse of legal order.6Fuller is a legal pragmatist who acts as a
defender of natural law.
Legal naturalism which is use of reason to define and analyze human nature aptly
sums up the essence of Fullers Anatomy of law. Fuller question whether judicial
decisions and formulations of law can properly be regarded as a kind of legislation;
Whether a rule or reason must have some kind of authoritative endorsement
in its background in order to be genuinely legal, and whether moral rules or
reasons that have not been endorsed (say, by other courts) are therefore less
important,relevant, or binding.7
Here Fuller takes forward his theory on failure of legal system given in his book
morality of law
The book is divided into two parts:

1. The Pervasive Problems of law

2. The sources of law

Both of his legal theories have been discussed in brief as follows:

1. The Pervasive Problems of law:

Basically under pervasive problems of law Fuller carries forward his discussion in his
previous book Mortality of law where he discussed in detail how when sovereign fail to
do their job as law makers , and when decisions that come out of such a system are
vague and unclear , and often contradictory.

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

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
 7

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.

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.

Fuller says that a clinical, problem oriented theory is by rule standardizing. It questions
what it is to be a part of a legal enterprise as legislators, as citizens or administrators.

2.The Sources of Law:

His perspective of legal naturalism comes into picture in the second part of his book
which talks about “The Sources of Law” . Legal positivism which says that any law
propounded by a sovereign and competent authority is bound to be good irrespective
of its source and that it is only a part of the legal order. He then discusses ‘made’ and
implicit law. According to Fuller a legal system had other purposes, whatever is its
substantive.

Made law is explained as a statue or in simpler words product of authoritive sources

creating law anew by some authoritative act.It is seen that theory of positivism shows
preference for made laws .

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.

9
See Fuller, Lon L, Anatomy of law, page 29
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.
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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.
The function of legislative enactment is to to create rules by fiat(decree) without having
to give legal justification for those rules, which is the whole idea of positivism. But
cannot be entirely true as some justification will have to be available: that which
establishes the appropriate legislative act as competent. But beyond this minimum, any
more detailed argument in support of the enactment is , and any such argument against
the enactment is useless, insofar as its legal validity is concerned.
Fuller basically talks about legal positivism in light of naturalism.

UNION CARBIDE CORPORATION V. UNION OF INDIA AIR

1992

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?

12
Indian Environment Portal, retrived on 9 th Septeber 2013
http://www.indiaenvironmentportal.org.in/files/Federal%20Appeals%20Court%20Decision.pdf
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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
engender not merely strict liability on Rylands v. Fletcher principal but an absolute
liability on the principals of M.C. Mehta's case.

PHILOSOPHY AND 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

(ii) the quantum of compensation settled was grossly low.

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.
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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
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.

In Charan Lal Sahu's case MANU/SC/0285/1990 : AIR1990SC1480 Bench was in

regard to the constitutional validity of the said enactment, submissions were made
on the question whether the dispute settlement was liable to be set aside on the
ground that it was in flagrant violation of the principles of natural justice, in that, the
victims as well as the victim-groups had no opportunity to examine the terms of the
settlement and express their views.

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
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 Fuller, L.L, “Morality Of Law”, Universal Law Publishing Company, Delhi, Edi V,
2009

 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

2. M.C. Mehta v. Union of India MANU/SC/0092/1986

3. Rylands v. Fletcher 1868 LR 3 HL 330, 19 LT 220

4. Charan Lal Sahu's case MANU/SC/0285/1990 : AIR1990SC1480