Compare critically Bentham's, Hart's and Dworkin's accounts of legal obligation. The essay is submitted for the course "Jurisprudence"
Date Submitted: 05/23/2004 12:26:18
Category: / Social Sciences / Philosophy
Length: 11 pages (3064 words)
Category: / Social Sciences / Philosophy
Length: 11 pages (3064 words)
Legal obligation is both Bentham's and Hart's central concern. Yet, Dworkin does not really make an account on this topic, but rather criticising positivist theses. Thus, I will first make a brief summary of Bentham's and Hart's account of legal obligation, before I make a comparison of all the three jurists' theories.
Jeremy Bentham's Legal Obligation
For Bentham, obligation is the opposite of rights. Obligations and rights are the two classes of things that the …
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…amp; Sons, 1985)
Dworkin, Ronald, Law's Empire (Oxford: Hart Publishing, 1998)
Dworkin, Ronald, Taking Rights Seriously (London: Duckworth, 1977)
Hart, H.L.A., The Concept of Law (Oxford: Oxford University Press, 1961)
Bentham, Jeremy, Jeremy's Labyrinth: A Bentham Hypertext (http://www.la.utexas.edu/research/poltheory/bentham/), from Classical Utilitarianism Website (http://www.la.utexas.edu/cuws/index.html) (University of Texas at Austin). All Bentham's works cited in this essay, unless otherwise stated, are taken from this website.
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