Fuller’s ways for the law to go wrong correspond to a list of features of the rule of law:
generality, publicity, non-retroactivity/prospectivity, comprehensibility, noncontradictoriness,
feasibility of compliance, stability, and administrability.46 As others,
particularly positivists like Raz and Hart, have pointed out, systems of law can satisfy
these criteria and still be bad law.47 For this reason, some theorists of the rule of law
would move toward a more robust version of the rule of law that incorporates a
substantive criterion of respect for human rights or a procedural requirement of
democratic enactment.