In Fuller’s “fairly lengthy allegory”, Rex fails in 8
different ways to make law. (i) What are these 8 failures? (ii) Why,
according to Fuller, do these constitute a failure to make law, and what
does this tell us (according to Fuller) about the nature of law? (iii)
Would a positivist theory of law agree that in each case Rex fails to
make law, or are there some cases where the Positivist would conclude
that Rex has made law? Use Austin’s command theory to illustrate. (iv)
Sketch Bentham’s presentation of the deterrence theory of punishment,
and explain what, according to Bentham, has gone wrong in each of Rex’s
failures.
