Overview
- 2–5 pages (750-1250 words), double-spaced, 12-pt Times New Roman, No plagiarism (submit plagiarism checker)
- Submit as a Word doc
- Cite the text where appropriate MLA format
Hart vs. Dworkin – Is Morality Part of Law?
Prompt: In this option, you’ll explore one of the central debates in legal philosophy: the disagreement between H.L.A. Hart and Ronald Dworkin over whether morality is part of the law itself, or merely something external to it.
In your paper:
- Explain Hart’s position on the separation of law and morality, and how he defends it through his theory of Legal Positivism.
- Explain Dworkin’s interpretivist theory and how it challenges Hart’s view.
- Compare and evaluate the two positions: Who do you find more persuasive, and why?
- Apply their theories to one real or hypothetical legal case (e.g., Obergefell v. Hodges, assisted suicide, free speech laws) to illustrate how their views might lead to different outcomes.
https://www.youtube.com/watch?v=MfSRaXY4xh8