Please use most of the info from “The Philosophy of Law”-Classic and Contemporary Readings with Commentary. By Frederick Schauer and Walter Sinnott-Armstrong.
The Assignment: Select one of the following prompts and compose an essay between 800 and 1200 words. The essay must be uploaded to Blackboard before midnight on Wednesday, February 17. Responses may utilize readings not contained in the syllabus, but please address the question at hand primarily using the most relevant assigned readings. Any sources consulted in drafting the essay should be clearly cited. All quotes or concrete claims about the content of a source should be clearly cited in parenthetical citations or in footnotes (and these citations should include page numbers when appropriate).
Essay Prompts:
A. Natural law saw something of a revival in the twentieth century, particularly in the work of John Finnis and (arguably) Lon Fuller. Explain the development of natural law theory, making sure to attend to the following questions: How does Finnis differ from his predecessors in the natural law tradition? Should Fuller’s insistence on the “inner morality of law” be classed as a natural law theory? What is the relationship between the inner morality and the external morality of law?
B. Explain H.L.A. Hart’s theory of law. In what way does Hart remedy the weaknesses of Bentham and Austin’s earlier positivist theory? Is it appropriate to class Hart as a positivist or is there an argument for classing him among natural law theorists?
C. Explain Dworkin’s account of law as integrity. Be certain to discuss the key distinctions he makes between legal rules and legal principles and between arguments of principle and arguments of policy. And be sure to describe the “Herculean” task he sets before the philosophic judge following his approach. How does he distinguish this approach from both positivism and legal realism? Can his approach be distinguished in practice from natural law?
D. Would any of the theorists you have read this semester have reached the same result as Commissioner Curtis and Judge Shaw in the case of the fugitive slave, Thomas Sims? Which ones, and why? How would the theorists who reached a different result have justified their decision?
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