University of Pittsburgh, Summer 2000

Philosophy 1390: Philosophy of Law

C.L. 226—Tuesdays, 6 p.m. to 8:55 p.m.

Ben Eggleston—


Paper assignment no. 1


Write a paper on the following topic:


How does Hart’s positivist theory of law as the union of primary and secondary rules differ from Dworkin’s natural-law theory of law as integrity?


Your paper will be due at the beginning of class on June 6, and will be graded according to the following requirements:



points possible:

points earned:

1.      Your paper explains how Hart conceives of law as the union of primary and secondary rules, by explaining



a.       what Hart thinks is wrong with Austin’s command theory of law:



b.      what Hart means by primary rules:



c.      why Hart thinks that a society composed merely of primary rules fails to truly have law:



d.      what Hart means by secondary rules, including a rule of recognition:



2.      Your paper explains Dworkin’s notion of law as integrity, by explaining



a.       the basic idea behind his rejection of Hart’s theory:



b.      how legal interpretation is like contributing to the writing of a chain novel:



3.      Your paper explains how Hart’s conception of law is morally neutral, while Dworkin’s is not:



4.      Your paper includes, but is not overwhelmed by, appropriate quotations from the writings of Hart and Dworkin that we read in class:



5.      Your paper is well organized and clearly written, with good spelling and good grammar:



6.      Your paper is 4–5 typed, double-spaced pages in length; this sheet is stapled to the front of your paper; and your name is on this sheet, below:



·        lateness penalty, if applicable: (3 points off per business day late)



total points for this paper:




Your name: _________________________________