Philosophy of Law Essay Assignment 1: Critical Analysis

PHIL 327/LS 351 Online: Philosophy of Law

Essay Assignment 1: Critical Analysis

General Instructions

Write a brief essay on the topic given below. The essay should be no more than 3 double-

spaced pages in length (900-1000 words by computer word count), using 1-inch margins and a

standard font (e.g., Times New Roman, size 12). Part of the assignment involves explaining the

relevant course concepts and advancing your argument concisely, so make sure you attend to

the word limit.

Due Date: Your essay is due on Wednesday, Feb. 4, at 11:59 pm ET.

The following pieces of information MUST be on the front page of your assignment:

Student ID Number

Course Name and Number

Assignment (i.e., Essay Assignment 1 OR Critical Analysis)

Date

DO NOT include your name anywhere on the assignment. Your student number is all that’s

needed.

Use one of the following file formats for your submission: Rich Text Format (.rtf) or Microsoft

Word format (.doc or .docx

Important note on Generative AI: The use of generative artificial intelligence toolsfor example,

Chat GPTat any stage in the production of content for your submission is not permitted and

will be open to the charge of academic misconduct

Topic and Instructions:

Modules 2 and 3 have introduced us to two different ways of conceiving of the nature of the law.

Natural Law theories argue that the law is necessarily moral. Legal Positivism, specifically the

Command Theory interpretation we examined in Module 3, argues that the law need not be

moral in that it consists only of commands coming from the right (pedigreed) sourcei.e., a

sovereign authority.

In this essay, you will argue for the theory you think is best: Natural Law or Command Theory.

Choose one of the Natural Law perspectives we surveyed in Module 2 and contrast it with

Austins Command Theory, which we survey in Module 3. Offer a concise summary of these two

perspectives on law, then provide and evaluation in which argue for your own position on which

of the two perspective is the more credible.

The paper should have two sections. The first section is expository. Refrain from summarizing

everything you know about the two positions. Make sure the exposition is focussed on what you

take to be the most salient features of each theory.

In the second section of the paper, you must offer a critical argument that provides your reasons

for preferring one theory over the other. If upon reflection you do not think either theory is to be

preferrede.g., if you find both of them defectiveyou are free to make that case and respond

to it with a suggestion of your own on how the defects should be addressed. The important thing

to remember is that this section is about making arguments, not just engaging in exposition.

Your essay should argue for a clear, critical point of view.

While there is some flexibility in how much of your essay is devoted to the tasks of each section,

it is important that you devote substantial space to both. The expository task will likely require at

least half of the allotted space (1.5 pages double-spaced), but if your exposition goes much

beyond that, you may need to consider cutting it down so as to leave enough space to make

your critical argument. The argumentative section should be at least a full double-spaced page,

or longer if space permits.

Further Guidelines

Here are some basic points to remember when writing your essay:

A brief introduction is useful, but it must be kept very briefno more than two or three

well crafted sentences stating the focus of your essay and what you will be arguing for.

Be aware that a proper engagement with this topic should NOT be conducted solely on

the basis of the online lesson materials occurring in the LEARN modules. You must

engage the relevant course readings, first and foremost.

Be concise! Since this is a short paper, youll need to make some choices about what to

include and what to leave out. Try to stick to the essentials, leaving out matters of detail

that dont centrally contribute to the issues you are trying to illuminate.

Avoid unnecessary padding and/or digression.

In a paper of this length, a concluding paragraph is unnecessary. The reader should be

able to keep track of your thoughts well enough without a concluding summary.

Sources and Citations

Providing appropriate citations is an important part of the task of this essay assignment. Follow

the instructions given below carefully. Be aware that citations are needed not only for direct

quotations, but for any representation of ideas drawn from other authors (e.g. paraphrases,

summaries, etc.). Also be aware that failure to provide appropriate citations constitutes an

academic offence. Here are some specific instructions on how to provide citations:

Use in-text citations of the (<author>, <page #>) format whenever you directly quote,

paraphrase, or mention ideas from the relevant text.

Direct quotations should be kept brief (one or two sentences) and used only for the

purpose of illustrating points you have already encapsulated in your own words.

If you cite material from the course lessons, it suffices to cite the course author, the

module, and the lesson you are citinge.g., (Ray, 3b).

Since the only sources you need to consult for this essay are the relevant course

materials, a separate Works Cited is unnecessary.

Use only the relevant course readings as sources for this essay. Do not consult

outside sources.

Module 2 Readings: Aquinas:

Treatise on Law from Summa Theologica, pp. 27-41. (Textbook) – Can find online

Finnis: Excerpts from Natural Law and Natural Rights, pp. 41-61. (Textbook) – Can find online

King, Dr. Martin Luther (1963). The Negro is your brother. The Atlantic Monthly 212(2), 7888.

Module 3 Readings:

Hobbes, T. (1968). Chapters 13, 14, and 15 of

Austin: The Province of Jurisprudence Determined, pp. 68-84. (Textbook) Can find online