H.L.A. Hart, Positivism and the Separation of Law and Morals, Harvard Law Review
We divide this paper into 5 sections.
1. Pages 596-600 cover Harts discussion of the common criticism made of
You were assigned this: Are Judges Human? The Effect on Legal
Thinking of the Assumption that Judges Behave Like Human Beings.
University of Pennsylvania Law Review (1931). READ 35-49.
These notes cover the
H.L.A. Hart, The Concept of Law, chapter V, Law as the Union of Primary and
1. Harts criticism of Austins command theory of law.
In this chapter Hart gives a summary of criticisms of Austins theory of law (prior
Amy R. Baehr
Brian Leiter, American Legal Realism, from
READ: 51-56, 58-61.
This paper has the following parts:
Legal Indeterminacy (51-52)
The Core Claim of American Legal Realism (52-53)
Two Branches of Realism
Riggs v. Palmer- Elmer Palmer murders his grandfather because he is in his will and
wants his estate. The first court says that he should be able to get his inheritance
because there is no law that makes this illegal. A panel of judges says that that is
Rule recognition: judicial decisions, statutes (laws made by legislatures) (state leg,
federal leg, municipal)
When these conflict, which takes precedence?
If the courts say one thing, but congress (etc.) says something else, then statutes
Are judges finding law or making law?
Henningsen and Riggs aunts did not have a right to the money or the property until the
judge says that they do.
Legal realist says that there is no rule there, so the judge just had a hunch and liked
Henningsen and d
Chapter One Assignment
Describe the following case studies:
Merck and River Blindness
Merck and Company is a drug company in the United States and a perfect example of
how companies can add ethics and morality to their
Ethics and the Environment
Pollution and Resource Depletion
1) Air Pollution
Global Warming the increase of temperatures around the globe due to
rising levels of greenhouse gases
o Greenhouse Gases CO2, NO2, methane, etc. Ga
Why does it matter if we believe in one or many gods?
(characteristics of god)
I think that the differences between polytheism, which was more relevant in the
past, and monotheism, more prevalent in western cultures and now, can definitely effect
Journal 1, the value of philosophy
Discussion Question number 1
I do think that it is appropriate to hold dogmatic views at different times and in certain
situations that arise throughout life. In the example given, religion is a dogmatic view.
Journal 4: Movies and reality
I would say that movies video games and any other form of art are not real in
the sense of the word that we use because it is something that is made up, as in a
videogame, or acted by actors. These encounters with art are not
Sexual harassment did exist prior to the 1970s however; it was not as recognized
as it is now. Sexual harassment has always existed it is just a matter of whether we have
recognized the acts as sexual harassment or not. I think one b
One example I can think of is if event A is a stranger smiling at you makes you
happy. Event B is that you are smiling. Event B is not caused by event A because you are
a happy person who smiles all of the time anyways.