Question: 'If there is a point of view in which legal obligation is treated as at least presumptively moral obligation ... then such a viewpoint will constitute the central case of the legal viewpoint' (Finnis).
Discuss.
Answer: The traditional position regarding obligation advocated by Austin, was that legal obligation derived from the command of a sovereign, who was habitually obeyed. This obligation was reinforced by the threat of a sanction. However, in his book “The Concept of Law”, Professor Hart introduced a whole new way of looking at the term “obligation”. Hart accepted that where there is law, human conduct is made in some sense obligatory. However, Hart took this further and distinguished the difference between an ‘obligation’ and being ‘obliged’. Using the gunman example, Hart points out that someone who hands over his money under threat of force is ‘obliged’ to do so, but cannot be said to have an ‘obligation’ or a duty to do so. Hart explains that the word ‘obliged’ is sim......(short extract)
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Details: - Mark: 71% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2080 | References: No | Date written: Not available | Date submitted: April 05, 2011 | Coursework ID: 669
