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Question: ‘Finnis, Fuller and Dworkin criticise Hart’s theory of law from different perspectives, but this only goes to show the rich resources at the disposal of the natural law tradition.’ Do you agree or disagree with this statement? Evaluate your reasoning for taking this position.

Answer: Hart’s theory of law has been the subject of many debates within jurisprudence. Legal positivism is the theory popularised by Hart, whereby there is no inherent connection between law and morality. To contrast, the natural law tradition is favoured by Finnis, Fuller and Dworkin, which maintains that law should be based on morality and ethics. Finnis criticises Hart in Hart’s derivation of law from social facts, the failure to explain the central cases of law and their difference in the treatment of authority. Fuller takes the point that Hart is incorrect on the relevance of morality of law, the use of judicial interpretation and the rule of recognition. Dworkin also disagrees with Hart in the question of judicial discretion, legal principles and the applicability of rules. Hart’......(short extract)

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Details: - Mark: Not available | Course: Jurisprudence | Year: 1st | Words: 1974 | References: Yes | Date written: February, 2018 | Date submitted: May 25, 2019 | Coursework ID: 1060

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