Rawls Vs Nozick Debate

Summary

The discussion involves comparing Rawls Justice as Fairness with Nozicks libertarian criticisms, focusing on equality, individual rights, and collective freedom. The essay plan suggests exploring Rawls principles, Nozicks critiques, and potential adaptations of Rawlsian theory. It also includes examining concepts of collective freedom and the common good, drawing comparisons with socialist principles. The aim is to determine if Rawls can defend his conception of equality or if more robust notions are needed.

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*. In Positivism and the Separation of Law and Morals, HLA Hart says: ‘[T]he time might come in any society when the law's commands were so evil that the question of resistance had to be faced, and it [is] then essential that the issues at stake at this point should neither be oversimplified nor obscured.’ Discuss whether the concept of evil can clarify the issues at stake in this quote. In your answer, draw on the work of Gustav Radbruch, HLA Hart and Lon Fuller. essay plan
Sure, here's a plan to help you structure your essay on the concept of evil in relation to HLA Hart's quote, drawing on the work of Gustav Radbruch, HLA Hart, and Lon Fuller:
*. Introduction
- Introduce the quote from HLA Hart.
- Briefly mention the concept of evil and its relevance to law and morality.
- State the essay's thesis: How can the concept of evil clarify the issues at stake in Hart's quote?
*. Background
- Overview of HLA Hart's legal positivism.
- Separation of law and morals.
- Role of law in society.
- Overview of Gustav Radbruch's philosophy.
- Radbruch's formula.
- Shift from legal positivism to natural law due to extreme injustice.
- Overview of Lon Fuller's legal philosophy.
- Fuller’s criticism of positivism.
- Concept of inner morality of law.
*. The Concept of Evil
- Define 'evil' in the context of law and morality.
- Historical examples of laws perceived as evil.
- Philosophical implications of recognizing evil in law.
*. Hart's Perspective on Evil
- Analysis of Hart's quote.
- Hart’s views on the role of morality in legal systems.
- Importance of not oversimplifying or obscuring the issue of resistance.
*. Radbruch's Contribution
- Explain Radbruch's transition from positivism to natural law.
- Radbruch’s formula and its application to laws perceived as evil.
- How Radbruch’s views help clarify the issues of resistance and evil.
*. Fuller's Perspective
- Fuller’s arguments against Hart’s legal positivism.
- Fuller’s concept of the inner morality of law.
- Application of Fuller’s ideas to laws perceived as evil and the necessity of resistance.
*. Evaluation
- Compare and contrast the views of Hart, Radbruch, and Fuller.
- Evaluate the effectiveness of the concept of evil in clarifying the issues of resistance as per Hart's quote.
- Discuss the potential oversimplification or obscuring of issues.
*. Conclusion
- Summarize key points.
- Reiterate thesis and final thoughts.
- Address the implications for contemporary legal philosophy and practice.
I hope this helps you get started! Let me know if you need more detailed information on any section.
which one would u rather do in aweek's time
Both essay topics are thought-provoking and delve deeply into significant philosophical debates. It depends on your personal interests and familiarity with the subjects.
- If you’re more interested in political philosophy and the debate between distributive justice and individual rights, go for the Rawls vs. Nozick essay.
- If you prefer exploring the intersection of law and morality, and the concept of evil in legal philosophy, opt for the Hart, Radbruch, and Fuller essay.
Which topic intrigues you more?
in term's of type contrains
Case Rating: *
It seems like you are discussing philosophical and legal theory topics rather than a specific legal issue. If you have a particular legal question or need assistance with a legal matter in Scotland, please let me know how I can help!
in term's of time constraints, whichh essay would u do
Case Rating: *
Given the time constraints, the essay on "Positivism and the Separation of Law and Morals" might be more manageable. It involves fewer complex arguments and offers a clear, structured approach to exploring the concept of evil in legal philosophy.
are u sure?
It seems like your question is more about managing time for essay writing rather than a legal issue. If you need legal advice or have specific questions related to law in Scotland, feel free to ask!