Abstract This paper examines how HLA Hart, a legal positivist, developed his theory on the notion that for a legal system to exist it should comprise entirely of rules and how within this legal system, Hart states that rules are divided into either primary or secondary rules. It looks at how Ronald Dworkin's theory, on the other hand, is founded on criticisms of Hart's theory. It seeks to analyse Hart's Postscript to "The Concept of Law" and determine to what extent has Hart successfully defended his theory against his critics.
From the Paper "The basis of Dworkin's theory is founded on criticisms of Hart's theory. Dworkin pictures law as a "gapless" legal universe in which there is always a right answer. He suggests that there is much more to the law than just rules, contending that the Positivist view of a system of rules ignores the important roles of other standards which are not identified as ?rules.? Dworkin maintains that principles and policies play a crucial role in judicial reasoning, particularly when the existing rules of law prove controversial in a case, as evidence in Riggs v Palmer (1889). This case example provides an intuitive sense of Dworkin's idea of principles."
Abstract The paper analyzes Hart and Bing's communication problem: They used to work together but Hart got promoted and the two are no longer equals. The author recommends that Hart, as a member of management, needs to talk to Bing one-on-one. The author feels that Bing needs to pay close attention to the employee handbook and other information as it may give him insight into issues that the boss, Hart, has with him.
Table of Contents
Problem Identification
Situation Analysis
Recommendations
From the Paper "Hart had been given power over Bing that he did not previously have and it seems, from a review of the symptoms, that Bing has some animosity toward Hart because of his new position. Another cause of the problem is the fact that other employees are following Bing's lead and leaving for lunch a few minutes early. This, from Hart's point of view, appears to be both Bing's fault and a lack of respect for Hart's authority. Because of this, Hart begins to dislike Bing even more, rather than exercising his authority as manager and letting everyone know that this is unacceptable behavior. Hart has not been discussing the issues with other employees; rather he has been allowing his dislike of Bing to hamper his management style with these other employees."
Abstract This paper explains that Jean Baudrillard's quotation refers to the commitment of contemporary American fiction to the pleasures and anxieties of consumer culture. The author states that this behavior is most fully exemplified in Bret Easton Ellis' "American Psycho" through his protagonist Patrick Bateman. The paper points out that the form of postmodernist texts, such as "American Psycho", opposes meta-narratives, which are the traditional method of writing. The author relates that the book's constant suggestion of boredom is often seen in other post modern art forms, such as the music of Talking Heads. The paper illuminates that Baudrillard's reference to "all life" is an over-generalization just as Patrick Bateman's conduct positions him at an extreme perimeter. The author concludes "American Psycho" contains a pertinent response to Baudrillard's resigned allusion to superficiality and the way in which many of people, not only psychopaths, actually live their lives.
From the Paper "Baudrillard's statement seems to have an air of ennui, or resignation, suggesting perhaps, that we have become immune to the reality of our emotions, being smothered (or embosomed, perhaps), by globalization. Notwithstanding Baudrillard's eminent status, (his Wikipedia page lists his academic achievements at some length), it would ill behoove us, as critics, to simply accept that this is, quite simply how things are, and that we might as well get used to it. Bateman, for this critic, gives the lie to Baudrillard's quote, which was originally published in his "Selected Writings" in 1988."
Abstract In "Leviathan", Thomas Hobbes presents an understanding of the law as a concept that distances human beings from their natures, thus saving the integrity of civilization. Hobbes envisions the human being as naturally flawed and brutish and it is only the development of law and the strict adherence to these principles that a healthy civilization can exist. Hobbes argues, moreover, that situational legislation would be the decline of the integrity of a civilization. English legal philosopher H.L.A. Hart disagrees with Hobbes on this point. Hart argues for the privacy of one's personal conduct and states that if it does not infringe upon the rights of others, it should not be subject to public legislation. Hart relies strongly on the notion of "internal perspective" as a concept, which establishes the parameters of obligation for a legal system.
Abstract This ten-page undergraduate paper examines whether Hart's view of a legal system provides an adequate account of the authority of law or fidelity to law. The author provides an exposition of this criticism, then examines Hart's response to such criticism.
Abstract The purpose of this paper is to introduce, discuss, and analyze two works: "The Outcasts of Poker Flat" by BretHarte and "To Brooklyn Bridge" by Hart Crane. Specifically, it discusses what reasons the two main characters have for conforming (or not conforming) to the norm in these two works. The characters in these works symbolize America, both the best and the worst. They also symbolize how society expects much from its citizens and how some people, no matter how hard they try, simply cannot conform to the norm and fit in to a society that will only accept them on its own, quite demanding terms.
From the Paper "Conforming to the "norm" is one way people manage to get along in society. Society certainly does demand a lot from most people ? ethically and politically, and those who do not openly conform to society's rules are often cast out or seen as outsiders. In both of these works, the main characters must conform to society's rules to survive. In "Brooklyn Bridge," the main character is really the bridge itself, and Crane portrays it in a mystical or God-like way, as if it is an image to be idolized, just like the Statue of Liberty nearby in New York Harbor. More than conforming, the bridge becomes a symbol of America at its best. It is symbolic of a society on the move, inventing new technology and rushing toward the future."
Abstract This paper describes the stereotypes surrounding the characters in BretHarte's story, "The Luck of Roaring Camp" and looks at how these stereotypes still resonate today.
From the Paper "The author incorporates elements from one of the most familiar and beloved stories in Western culture: the birth of Christ. This is merely a starting point, however, and the story then describes the effect of the introduction of a child into an all-male community. The tale is a wonderful and beautiful illustration of how the uncouth frontier characters raise this child, the son of an Indian prostitute and an unknown father."
Abstract This paper compares and contrasts the novel "The Cask of Amontillado" by Edgar Allen Poe with BretHarte's book "Tennessee's Partner". The author of this paper asserts that while the works were written years apart and on opposite sides of the earth, they share a bitter message of vengeance and murder. Furthermore, the author says, the authors have a similar writing style, with each employing both poetry and prose in their lyrical style.
From the Paper "The easy comparison of course is that both tales involve murderous vengeance against an individual. In Poe's tale it's the character of Fortunato who becomes the object of the merciless orator bent on vengeance for the both real and imagined injuries and insults furthermore, this murder is carried out in an extremely personal manner. In Harte's tale the execution style vengeful murder is carried out in a corporate, or group, or mob-like fashion on the nameless character known only as "Tennessee's Partner"."
Tags: mob, murder, vengeance, poetry, prose, novel, book
Abstract This paper analyzes three different American short stories: BretHarte's "The Outcasts of Poker Flat," Sarah Orne Jewett's "The White Heron," and Stephen Crane's "The Open Boat". In particular, the author looks at the stories with regard to the different forms of realism in fiction - being naturalism, local color, and regionalism.
From the Paper "Realism in fiction appears in several different forms, some of which can be illustrated by reference to different American short stories. The three primary categories of realism are naturalism, local color, and regionalism. In a broad sense, realism emulates reality closely and in great detail, with an emphasis on verisimilitude. Character is more important than action or plot. Social class is an important element that defines characters, and the speech of characters is in the natural vernacular. These elements can be seen in different degrees in Bret Harte's "The Outcasts of Poker Flat," Sarah Orne Jewett's "The White Heron," and Stephen Crane's "The Open Boat.""
A discussion of the views of Joseph Raz and H.L.A. Hart regarding the distinctions between committed and detached normative statements, and between external and internal statements made about the law.
Abstract This paper examines the distinctions drawn between committed and detached normative statements, as well as between external statements about the law and internal statements made by those who accept the law. It focuses particularly on the views of Joseph Raz and H.L.A. Hart regarding this issue. The paper asserts that both Raz and Hart tap into the internal viewpoint of a person on whether one accepts a rule or not as law, but only at a superficial level. Raz's 'committed statement' and 'detached normative statement' parallel Hart's 'internal statement' and 'external statement' respectively. On this level, the paper posits that Raz's theory supplements Hart's theory. It concludes, however, that there are subtle differences between the two and that Raz's ideas bring Hart's theory to a different level.
From the Paper "Raz contends that the acceptance of rules of recognition is a moral decision, not just a matter of fact as Hart asserts. In Practical Reason and Norms (1990), Raz states that 'Intuitively, it is always the case that one ought to do whatever one ought to do on the balance of reasons', which is the core of Raz's theory of practical reasoning. He suggests that reasons can be categorised into first and second order reasons. An example of a first order reason: 'I bought a bottle of champagne, and because I love drinking champagne, I have a first order reason for drinking it'. A second order reason that counteracts my first order reason could, for example, be that 'I promised the bottle of champagne for my friend to drink'. This second order reason (i.e. a promise) excludes further deliberation as to whether I want to drink the champagne."
Abstract This paper examines the theories of Lord Devlin and H.L.A. Hart - Two British philosophers who analyzed the concept of enforcing morals. It takes a look at these theories as applied in contemporary British society, compares their contents and argues about the relevance of their application today.
From the paper:
"Because of the diversity of cultural, ethical, and moral views and beliefs that obtain in contemporary Britain, the idea that the legal system may be used to legislate morality has become in the past generation ever more tenuous, casting doubt on both the philosophies of Lord Devlin and H.L.A. Hart. Both now seem to be limited in their philosophical application to legal and moral considerations in Britain in the 21st century; another way of saying this is to argue that when applied to British contemporary society Devlin's theory on the enforcement of morality does not differ substantially from Hart's at least in the legal implications of both. This paper examines this position."
Abstract This essay critically examines Ronald Dworkin's criticisms of Hart's positivism, in "Models of Rules 1", in order to determine the relative strength of Dworkin's critiques. The paper argues, with reference to the work of both men, on the issue of legal principles, Dworkin's criticism of Hart's positivism is strongest while, in contrast, Dworkin's criticism of the theory of discretion under Hart's positivism is notably weak.
From the Paper "Critiques of Positivism: Dworkin v. Hart Ronald Dworkin, in "Models of Rules 1," presents a range of criticisms of the philosophy of legal positivism as embodied in the work of H.L.A. Hart."
Abstract This paper evaluates how H. L. A. Hart and P. Devlin would assess the 1992 Canadian Supreme Court decision R. v. Butler. In so doing the paper clearly expresses an understanding of the debate between Hart and Devlin and applies the salient themes and or arguments of that debate to the Butler decision. Finally, the paper argues for one position or the other when determining whether or not the 1992 ruling was a just and equitable one. Specifically, the paper argues that Hart's position is more tenable than either Devlin's or the Supreme Court decision.
Abstract The paper examines Michael Hart's thesis that Canadian trade policy has too often been shaped by political considerations rather than economic ones and this trend has led to economic dislocation that could have been avoided. The writer agrees with Hart in general, noting his lucid arguments in favor of free trade and his especially cogent argument in favor of NAFTA. The writer concludes that Michael Hart has made a valuable contribution to existing literature.
From the Paper "Hart's defense of his thesis really begins early on in his work. For one thing, Hart notes that Canada has actually been strengthened in some respects by a heavily-regulated international trade situation insofar as such an arrangement actually makes it less vulnerable to unilateral and arbitrary decisions in Washington or elsewhere (8). Simply on its surface, this assertion makes a great deal of sense: Canada is a nation of just over 30 million souls; the United States has about ten times that number and possibly a 100 times the economic clout world-wide. Furthermore, other nations like Russia, China, India and even "western European" nations like France, Germany and Great Britain all have considerably greater human and capital resources than does Canada."
Abstract This paper analyzes Bret Easton Ellis's novel, "The Rules of Attraction", a commentary on society's loss of family values where the pages are filled with the characters? mindless bouts with sex, drugs and alcohol. It questions why each character accepts the meaningless, arbitrary sexual and drug-related acts they commit on a regular basis and attributes the answer to the idea that true love is unobtainable and senseless sex is the only thing that is real. Ellis has created a world where everybody loves someone who loves somebody else or who does not care to love anyone.
From the Paper "From the very first sentence of the novel, the reader can see that The Rules of Attraction will offer no fulfilling conclusion. The book begins in the middle of a sentence. If there is no clear opening to the story, how can it be concluded in a standard sense? The sentence also runs on for roughly 13 lines. It is Lauren discussing the loss of her virginity. The passage is amazing though because in its several lines it provides no real information. The sentence is pointless because Lauren only remembers flashes of the experience, not including the date of the event or the man present."
