University of Pittsburgh, Summer 2000

Philosophy 1390: Philosophy of Law

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

Ben Eggleston—egglestn@pitt.edu

 

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:

 

requirements:

points possible:

points earned:

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

0

 

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

5

 

b.      what Hart means by primary rules:

5

 

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

5

 

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

10

 

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

0

 

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

15

 

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

10

 

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

15

 

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

20

 

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

10

 

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:

5

 

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

 

 

total points for this paper:

100

 

 

Your name: _________________________________