NATIONAL LAW INSTITUTE

UNIVERSITY
BHOPAL , M.P.

A Project of Jurisprudence-II on the topic

Lon L Fuller’s ‘Anatomy of Law’
and
‘ Union Carbide Corporation v. Union
Of India (1992)’

Submitted to, Submitted by,

Prof.Ranjan Kumar Ajita Nadkarni
 2012 BA LLB 101
ACKNOWLEDGEMENT

I would take this opportunity to acknowledge the roles played by all the people in helping me
to successfully make this project. I would thank my parents who act as my pillars of strength
in all situations. I would also thank Ranjan Kumar Sir who guided me in completion of my
project.
 TABLE OF CONTENTS

 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
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
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 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
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.

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.
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
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.

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.
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
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.
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

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.
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 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

12
Indian Environment Portal, retrived on 9 th Septeber 2013
http://www.indiaenvironmentportal.org.in/files/Federal%20Appeals%20Court%20Decision.pdf
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.

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
 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