Philosophy 353
Short Essay Assignment:  Hart's positivism
Due Sept. 28th


In two articles we have read, H.L.A Hart explains and defends the main features of his positivist
conception of law.  Your task in this 4-6 page (typed, double-spaced) essay is to set out and
critically assess Hart's view.

The first step will be to explain clearly and carefully the main features of Hart's view.  Focus on
providing answers to the study questions for his articles, and be sure to explain the key concepts
(primary vs. secondary rules, rule of recognition, distinction between law and morals).  Think about
why Hart's view is positivist and how it compares with Austin's earlier positivist view.

Second, critically assess Hart's view.  Develop your view of whether or not Hart's theory is plausible.
Pay careful attention here to some of the objections we have considered (those raised by Fuller
and Dworkin, for example).  What is the strongest objection against Hart's view?  How might
Hart deal with this objection?  What does this lead you to conclude about his positivist theory; and
further, what does it lead you to conclude about positivism and the nature of law?

Essays will be due Sept. 28th

Note:  Please feel free to ask for my help as you're working on your essay.  I'll be happy to answer
            your questions.  I'll even read an outline or a rough draft and give you some ideas for what
            might improve it.

Enjoy!