Legal Paper 1 - INTRODUCTION TO LEGAL STUDIES(LEGAL 250...

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1 I NTRODUCTION TO L EGAL S TUDIES (L EGAL 250) P APER #1 Due Date for Paper Draft: During section meetings on October 7 or 11. Due Date for Final Paper: 5:00PM Friday, October 14. In a 4-5 page paper, write a thesis-driven response to ONE of the following questions: Topic 1) H.L.A. Hart agrees that a German woman who vindictively (yet truthfully) reported her husband’s seditious statements to the Nazis ought to be legally punished for her betrayal. But he has to face the unpleasant fact that the behavior he wants the law to punish was legal when it occurred. In your introduction, briefly explain how he says he would seek her punishment and how his approach to this situation illustrates his commitment to legal positivism and his opposition to natural law theory. Then, articulate a thesis in response to the following question: Is Hart’s approach a morally good one? In the essay that follows, state and defend ONE POINT in support of that thesis. No matter what point you argue, be sure to anticipate and respond to potential objections to your arguments. So if you are defending Hart, explain why natural law theorists would criticize the ONE POINT you have decided to make in defense of your thesis and why, in your estimation, those criticisms could be challenged. Conversely, if you are criticizing Hart, imagine how he would defend himself against your ONE POINT of criticism, and explain why his defense would ultimately fail.

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