Description
Legal Theory POLS 4080
First Paper Assignment
Write a paper of 4-7 pages on one of the topics below. Your paper must be typed or computer-printed (double-spaced), and is due in class on Thursday, March 11. Papers that are late without an extension will suffer a grade reduction; if you think you will need an extension, please talk to me about it by March 9. References to The Concept of Law and Taking Rights Seriously may be inserted directly into your text by page number, for example: (CL: 119) or (TRS: 55). In your heading, please indicate which topic you are addressing in you paper.
1. Explain and evaluate the role of the notion of rule following in Hart’s theory of law.
What problem(s) in traditional legal theory does Hart think the notion of rule following allows us to solve?
How does Hart justify his claims for the central role of rules in legal systems?
How does this notion allow Hart to justify the obligation to obey the law?
What problems can you see with Hart’s approach?
2. Discuss and evaluate Hart’s account of acceptance and validity.
What are his criteria for acceptance?
Are accepted secondary rules ‘laws’ in the same sense as valid primary rules?
How does acceptance ground legal obligation?
Do the criteria of acceptance and validity give us sufficient resources to define a unique and complete set of legal rules?
What legitimate roles can moral judgments play in constituting a system of law?
How does Hart’s answer to this question support his claim that judges may exercise strong discretion in hard cases?
3. Discuss Dworkin’s critique of Hart in “The Model of Rules I”. What central concerns does Dworkin believe that Hart neglects?
Why does Dworkin think that an account of rule following cannot constitute a complete account of law?
How are principles different from rules?
Why can’t principles be viewed as simply another category of rules?
Why does Dworkin reject Hart’s claim that the judge may exercise strong discretion in hard cases?
4. Dworkin argues that, when a controversy exists regarding legal rights, the judge must construct an account of the character of the institution of law. In constructing this account, the judge must take into account background principles containing information regarding the background political tradition.
Describe the process by which the judge constructs his account of institutional character. In what ways is it similar to the process through which the chess referee constructs an account of institutional character; and in what ways is it different? What role do legal principles play in this process? Why do they have an essential role in this process (what justifies their authority)?
Please choose any one of the three topics listed in the initial document (Pols 4080 Pt 1 2021) and please thoroughly read all of the instructions listed in the document.
Attached are all outlines of lectures from class detailing some of the different topics discussed in the book.
I can buy the book for your reference. The only source I need is the book and I also need parenthetical citations of the book. If you need me to buy the book please let me know! The books are listed below
1. Ronald Dworkin, Law’s Empire (Harvard University Press)
2. H. L. A. Hart, The Concept of Law (Oxford University Press)