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 |
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a. what Hart thinks is wrong with Austin’s command theory of law: |
5 |
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b. what Hart means by primary rules: |
5 |
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c. why Hart thinks that a society composed merely of primary rules fails to truly have law: |
5 |
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d. what Hart means by secondary rules, including a rule of recognition: |
10 |
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2. Your paper explains Dworkin’s notion of law as integrity, by explaining |
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a. the basic idea behind his rejection of Hart’s theory: |
15 |
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b. how legal interpretation is like contributing to the writing of a chain novel: |
10 |
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3. Your paper explains how Hart’s conception of law is morally neutral, while Dworkin’s is not: |
15 |
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4. Your paper includes, but is not overwhelmed by, appropriate quotations from the writings of Hart and Dworkin that we read in class: |
20 |
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5. Your paper is well organized and clearly written, with good spelling and good grammar: |
10 |
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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 |
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· lateness penalty, if applicable: (3 points off per business day late) |
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total points for this paper: |
100 |
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Your name: _________________________________