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Hart vs. Dworkin Debate, 2003.
An examination of how well HLA Hart has defended his theories against his critics following the publishing of his Postcript to "The Concept of Law".
1,598 words (approx. 6.4 pages), 6 sources, APA, AU$ 76.95
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Abstract
This paper examines how HLA Hart, a legal positivist, developed his theory on the notion that for a legal system to exist it should comprise entirely of rules and how within this legal system, Hart states that rules are divided into either primary or secondary rules. It looks at how Ronald Dworkin?s theory, on the other hand, is founded on criticisms of Hart?s theory. It seeks to analyse Hart?s Postscript to "The Concept of Law" and determine to what extent has Hart successfully defended his theory against his critics.
From the Paper
"The basis of Dworkin?s theory is founded on criticisms of Hart?s theory. Dworkin pictures law as a ?gapless? legal universe in which there is always a right answer. He suggests that there is much more to the law than just rules, contending that the Positivist view of a system of rules ignores the important roles of other standards which are not identified as ?rules.? Dworkin maintains that principles and policies play a crucial role in judicial reasoning, particularly when the existing rules of law prove controversial in a case, as evidence in Riggs v Palmer (1889). This case example provides an intuitive sense of Dworkin?s idea of principles."
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The Case of Mr. Hart and Mr. Bing, 2002.
This paper is a resolution essay of the classic communication case study of Mr. Hart and Mr. Bing who have stopped talking to each other.
925 words (approx. 3.7 pages), 0 sources, AU$ 47.95
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Abstract
The paper analyzes Hart and Bing?s communication problem: They used to work together but Hart got promoted and the two are no longer equals. The author recommends that Hart, as a member of management, needs to talk to Bing one-on-one. The author feels that Bing needs to pay close attention to the employee handbook and other information as it may give him insight into issues that the boss, Hart, has with him.
Table of Contents
Problem Identification
Situation Analysis
Recommendations
From the Paper
"Hart had been given power over Bing that he did not previously have and it seems, from a review of the symptoms, that Bing has some animosity toward Hart because of his new position. Another cause of the problem is the fact that other employees are following Bing's lead and leaving for lunch a few minutes early. This, from Hart's point of view, appears to be both Bing's fault and a lack of respect for Hart's authority. Because of this, Hart begins to dislike Bing even more, rather than exercising his authority as manager and letting everyone know that this is unacceptable behavior. Hart has not been discussing the issues with other employees; rather he has been allowing his dislike of Bing to hamper his management style with these other employees."
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Andrea Dworkin's Tirade Against Pornography, 2006.
This paper looks at Andrea Dworkin's actions against pornography and discusses the feminist attack on free speech in the United States.
1,350 words (approx. 5.4 pages), 6 sources, AU$ 77.95
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Abstract
In this article, the writer discusses active radical feminist Andrea Dworkin. The writer points out that examining her writings as well as the larger context within which Dworkin composed them, reveals much about her attack on pornography, her strange alliance with the political Right, and her views on censorship. The writer further discusses that though passionate, Dworkin possessed beliefs and attitudes that should rightly make any civil libertarian cringe.
From the Paper
"Andrea Dworkin died in 2005. She was an active radical feminist up until the time of her death, though her fervor did dwindle toward the end of her life. Dworkin is best known for her crusade against pornography begun in the 1980s and her body of writing that argue that any sexualization of women is a gender power play that relegates women to a secondary status in society."
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Hobbes and Hart on Law, 2002.
Shows the interpretation of two philosophers on the subject of law, Thomas Hobbes (in "Leviathan") and English legal philosopher, H.L.A Hart.
1,150 words (approx. 4.6 pages), 1 source, AU$ 64.95
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Abstract
In "Leviathan", Thomas Hobbes presents an understanding of the law as a concept that distances human beings from their natures, thus saving the integrity of civilization. Hobbes envisions the human being as naturally flawed and brutish and it is only the development of law and the strict adherence to these principles that a healthy civilization can exist. Hobbes argues, moreover, that situational legislation would be the decline of the integrity of a civilization. English legal philosopher H.L.A. Hart disagrees with Hobbes on this point. Hart argues for the privacy of one's personal conduct and states that if it does not infringe upon the rights of others, it should not be subject to public legislation. Hart relies strongly on the notion of "internal perspective" as a concept, which establishes the parameters of obligation for a legal system.
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H.L.A. Hart: The Separation of Law and Morality., 2002.
A look at Hart's view on the separation of law and morality.
2,400 words (approx. 9.6 pages), 2 sources, AU$ 130.95
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Abstract
This ten-page undergraduate paper examines whether Hart's view of a legal system provides an adequate account of the authority of law or fidelity to law. The author provides an exposition of this criticism, then examines Hart's response to such criticism.
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Dworkin, Coleman and Secondary Rules, 2005.
An overview of Dworkin's and Coleman's philosophies on secondary rules.
2,530 words (approx. 10.1 pages), 5 sources, MLA, AU$ 127.95
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Abstract
This paper discusses Dworkin's argument that secondary rules cannot be social rules, because they are not applied uniformly. He believes that they must be normative rules which have an underlying morality as their basis. It also looks at hoe Coleman argues that they are social rules and that the conventions of the U.S. legal system give judges the right to fine-tune laws to meet the convergent beliefs of society.
From the Paper
"In the U S Ronald Dworkin and Jules Coleman over the course of thirty years engaged in a debate about the source of the power of secondary rules. Dworkin argues that these cannot be social rules which exist because....."
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Almira Hart Lincoln Phelps, 2001.
A historical perspective of a life in science education.
843 words (approx. 3.4 pages), 2 sources, MLA, AU$ 44.95
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Abstract
This paper discusses the life of Almira Hart Lincoln Phelps, born in 1793, who dedicated her life to the teaching of science. She grew up in a large family where learning was essential. Later she became an influential science educator whose work as both teacher and author, especially in introducing science into the curriculum of women's schools, entitled her to a prominent position in science education's history. The paper shows that, in addition, she became a strong supporter of women's position in science in her era. Almira Phelps led a life of educating women in the sciences.
From the Paper
"Later, Almira became fascinated with the courses in science taught by Amos Eaton at the Albany Institute. Eaton became a major influence in Almira's dedication to the sciences. From classes Almira was permitted to take from Eaton in chemistry, botany, and natural philosophy, she obtained the knowledge necessary to teach these same classes back at the Troy female seminary. She made science a popular subject among the women enrolled at the seminary."
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"Arafat: Terrorist or Peacemaker" by Alan Hart, 1996.
Critical review of work on life, political rise, tactics, leadership & popularity of Palestinian leader.
1,350 words (approx. 5.4 pages), 1 source, AU$ 69.95
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From the Paper
"Alan Hart, in Arafat: Terrorist or Peacemaker?, presents a well-balanced portrait of the Arab leader Yasser Arafat, demonstrating convincingly that he was indeed once a terrorist, using methods of terror to advance what he believed was a just cause, but who then became a true peacemaker. The author does not pretend to argue his case with an eye for objectivity, but instead is dedicated to urging the Americans to use their clout with Israel to persuade that nation to deal with Arafat and to understand the beliefs behind his tactics of the past. In any case, Hart is convinced (and gives the reader a powerful argument to share that convincement) that Arafat must be respected as a major player in any peace which emerges in the Middle East. His book is particularly relevant today as the peace process inches forward between the Palestinians and Israel, and as Arafat..."
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Critiques of Positivism, 2005.
An analysis of the legal principles and theory of discretion by Ronald Dworkin and H.L.A. Hart.
1,125 words (approx. 4.5 pages), 1 source, AU$ 64.95
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Abstract
This essay critically examines Ronald Dworkin's criticisms of Hart's positivism, in "Models of Rules 1", in order to determine the relative strength of Dworkin's critiques. The paper argues, with reference to the work of both men, on the issue of legal principles, Dworkin's criticism of Hart's positivism is strongest while, in contrast, Dworkin's criticism of the theory of discretion under Hart's positivism is notably weak.
From the Paper
"Critiques of Positivism: Dworkin v. Hart Ronald Dworkin, in "Models of Rules 1," presents a range of criticisms of the philosophy of legal positivism as embodied in the work of H.L.A. Hart."
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Jurisprudence, 2005.
A discussion on whether it is possible for a legal system to be morally neutral.
1,818 words (approx. 7.3 pages), 8 sources, APA, AU$ 85.95
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Abstract
A legal system reflects the priorities and issues of the society it serves. This paper considers the views of John Stuart Mill, the Hart/Devlin debate and Marxism to determine whether a legal system can or should be morally neutral.
Outline
Introduction
Mill on Individualism and Morality
The Hart-Devlin Debate
Dworkin
Marxism and Legal Morality
Concluding Comments
From the Paper
"John Stuart Mill was a prominent and prolific nineteenth century economist and philosopher. It is submitted that of all his published work it was his essay On Liberty , published in 1859 that inspired most profound reaction and longest-lived controversy. Mill's primary assertion was that individuals should only be morally accountable to themselves, unless their actions touch deleteriously upon the interests of society at large. Mill's thesis is that we should only seek to coerce others in self-defence - either to defend ourselves, or to shield others from harm. Since Mill's influential and ground breaking work was published the freedom of the individual has come to the fore and has been advocated as an essential component of a sympathetic, equitable and advanced legal system."
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Lavallee v. The Queen 1990., 2002.
An analysis of this historic court case.
2,400 words (approx. 9.6 pages), 4 sources, AU$ 130.95
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Abstract
This paper examines the case of Lavallee v. The Queen (1990), in which Lynn Lavallee successfully defended herself by alleging that she killed her spouse because of his threat to kill her. The judgment in the case is examined in light of the accounts of law offered by H.LA. Hart, Ronald Dworkin and Catherine MacKinnon.
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Ethics and Abortion, 2002.
An indepth exploration of both sides of the abortion debate.
2,646 words (approx. 10.6 pages), 17 sources, MLA, AU$ 116.95
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Abstract
Almost three decades after the landmark 1973 Roe vs. Wade case legalizing abortion in America, the issue remains the greatest moral flashpoint facing America today. This paper examines the underlying ethical arguments of both sides of the abortion debate, using Ronald Dworkin?s ?sanctity of life? principles. By ?abortion,? this paper includes all forms of abortion, from early fetal abortion through the RU46 drug to late-term abortions, from abortions out of ?convenience? to abortions in cases of rape and incest. It evaluates how the anti-abortion crusade has framed their campaign on the personhood and the rights of the fetus. The second part looks at the pro-abortion movement, which has framed their issue as a campaign for women?s reproductive rights. Finally, the paper examines the approach of a minority of women, activists from both camps who are working to bridge the gap between pro- and anti-abortion factions.
By presenting both sides, this paper argues that because of current societal structures that make unwanted pregnancy more likely to happen and its consequences more difficult to assume, abortion must remain an option, a ?necessary evil.? Both pro- and anti-abortion factions, however, must work towards their common ground ? a society where abortions are no longer necessary.
From the Paper
"Despite the legality of abortion and its importance to women?s rights, anti-abortion activists have successfully curtailed several pro-choice gains. More important, the ?pro-life? camp?s appeals to a higher moral law have successfully placed pro-choice advocates on the defensive.
However, pro-choice advocates also frame their stand on morality. Forcing a woman to continue and unwelcome pregnancy is ultimately harmful to the mother and the child. The creation of unwanted and uncared-for children has a two-fold effect of limiting a woman?s potential for both the present and future motherhood. As Roiphe states, becoming a mother is a crucial choice and its imposition makes women into ?slaves of their biology? (142)."
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Abortion and Ethics, 2007.
This paper discusses both sides of the abortion debate.
1,150 words (approx. 4.6 pages), 5 sources, MLA, AU$ 57.95
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Abstract
This paper examines the underlying ethical arguments of both sides of the abortion debate, using Ronald Dworkin's "sanctity of life" principles. In this article, the writer includes all forms of abortion, from early fetal abortion through the RU46 drug to late-term abortions, from abortions out of "convenience" to abortions in cases of rape and incest. The essay evaluates how the anti-abortion crusade has framed its campaign on the personhood and the rights of the unborn fetus. The second part looks at the pro-abortion movement, which has framed its issue as a campaign for women's rights to privacy and reproductive freedom. The writer concludes that both pro- and anti-abortion factions have a common interest in seeing a society with no abortion, where the stigma and economic concerns attached to unwanted pregnancies no longer apply.
Outline:
Abortion and Ethics
Anti-Abortion Arguments
Pro-Abortion Arguments
Works Cited
From the Paper
"All these scientific arguments about fetal heart rates and brainwaves serve to tie abortion to a greater and more clear-cut moral issue - murder. At issue is what Ronald Dworkin terms people's belief in "the sanctity of life," a multidimensional value measured in several factors. First, life itself has an instrumental value, because everyone's life can contribute to the interests and well being of society as a whole. Second, life has a personal value, a good or personal worth to the living individual. Finally, beyond the instrumental and personal, life also has an intrinsic value. This intrinsic value exists independently of other people's valuation, regardless of the beliefs of its possessor or other observers."
"By proving that a fetus has a heartbeat, distinct DNA and brainwaves, through graphic films showing how a fetus reacts to shock and pain, the anti-abortion camp is focusing on what Dworkin identifies as the intrinsic value of life."
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Conforming to the "Norm", 2004.
A comparative analysis of "The Outcasts of Poker Flat" by Bret Harte and "To Brooklyn Bridge" by Hart Crane.
1,056 words (approx. 4.2 pages), 4 sources, MLA, AU$ 54.95
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Abstract
The purpose of this paper is to introduce, discuss, and analyze two works: "The Outcasts of Poker Flat" by Bret Harte and "To Brooklyn Bridge" by Hart Crane. Specifically, it discusses what reasons the two main characters have for conforming (or not conforming) to the norm in these two works. The characters in these works symbolize America, both the best and the worst. They also symbolize how society expects much from its citizens and how some people, no matter how hard they try, simply cannot conform to the norm and fit in to a society that will only accept them on its own, quite demanding terms.
From the Paper
"Conforming to the "norm" is one way people manage to get along in society. Society certainly does demand a lot from most people ? ethically and politically, and those who do not openly conform to society's rules are often cast out or seen as outsiders. In both of these works, the main characters must conform to society's rules to survive. In "Brooklyn Bridge," the main character is really the bridge itself, and Crane portrays it in a mystical or God-like way, as if it is an image to be idolized, just like the Statue of Liberty nearby in New York Harbor. More than conforming, the bridge becomes a symbol of America at its best. It is symbolic of a society on the move, inventing new technology and rushing toward the future."
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Committed and Detached Normative Statements, 2006.
A discussion of the views of Joseph Raz and H.L.A. Hart regarding the distinctions between committed and detached normative statements, and between external and internal statements made about the law.
2,025 words (approx. 8.1 pages), 5 sources, MLA, AU$ 94.95
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Abstract
This paper examines the distinctions drawn between committed and detached normative statements, as well as between external statements about the law and internal statements made by those who accept the law. It focuses particularly on the views of Joseph Raz and H.L.A. Hart regarding this issue. The paper asserts that both Raz and Hart tap into the internal viewpoint of a person on whether one accepts a rule or not as law, but only at a superficial level. Raz's 'committed statement' and 'detached normative statement' parallel Hart's 'internal statement' and 'external statement' respectively. On this level, the paper posits that Raz's theory supplements Hart's theory. It concludes, however, that there are subtle differences between the two and that Raz's ideas bring Hart's theory to a different level.
From the Paper
"Raz contends that the acceptance of rules of recognition is a moral decision, not just a matter of fact as Hart asserts. In Practical Reason and Norms (1990), Raz states that 'Intuitively, it is always the case that one ought to do whatever one ought to do on the balance of reasons', which is the core of Raz's theory of practical reasoning. He suggests that reasons can be categorised into first and second order reasons. An example of a first order reason: 'I bought a bottle of champagne, and because I love drinking champagne, I have a first order reason for drinking it'. A second order reason that counteracts my first order reason could, for example, be that 'I promised the bottle of champagne for my friend to drink'. This second order reason (i.e. a promise) excludes further deliberation as to whether I want to drink the champagne."
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Canada's Trade Policy, 2007.
This paper reviews the book "A Trading Nation: Canadian Trade Policy from Colonialism to Globalization", by Michael Hart.
1,649 words (approx. 6.6 pages), 1 source, MLA, AU$ 78.95
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Abstract
The paper examines Michael Hart's thesis that Canadian trade policy has too often been shaped by political considerations rather than economic ones and this trend has led to economic dislocation that could have been avoided. The writer agrees with Hart in general, noting his lucid arguments in favor of free trade and his especially cogent argument in favor of NAFTA. The writer concludes that Michael Hart has made a valuable contribution to existing literature.
From the Paper
"Hart's defense of his thesis really begins early on in his work. For one thing, Hart notes that Canada has actually been strengthened in some respects by a heavily-regulated international trade situation insofar as such an arrangement actually makes it less vulnerable to unilateral and arbitrary decisions in Washington or elsewhere (8). Simply on its surface, this assertion makes a great deal of sense: Canada is a nation of just over 30 million souls; the United States has about ten times that number and possibly a 100 times the economic clout world-wide. Furthermore, other nations like Russia, China, India and even "western European" nations like France, Germany and Great Britain all have considerably greater human and capital resources than does Canada."
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