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Running head: TAKE-HOME EXAM 1
Take-Home Exam 1
Student’s ID Number
TAKE-HOME EXAM 1
Question 1: Essay 1
It is problematic about the idea that laws are major commands backed up by threats
because, with moral perspective and secondary rules such as that of recognition, the requirements
can be interpreted otherwise and be accepted. It is possible to understand the law and make
informed decisions rather than applying the stipulated consequences of breaking the law. In real
life situation, it becomes more problematic because the laws provided even through the legislation
and judiciary are not explicit to cover every condition causing a conflict. Every law has to be
interpreted before the provided punishment or consequence is applied, and they are not applied
directly when they have to be because they have to cater for every situation they are being used.
When people take an internal perspective to the law, they do not view it as an obligation with
threats with a sanction- they see it as a custom or norm (Green, 2018).
For example, in the legal system, judges do not consider themselves new lawmakers, but
they always interpret or arbitrate the law to every case. We can discuss a contract law case between
two parties to provide an analogy to this trend in the legal system. In the contract, one of the
parties involved intentionally hides some documents from the contract partner. The judge assigned
to the case will consider the lack of good faith as evidence that would cost the first party the fact,
even if the law does not explicitly list the "hiding of the documents" as one among the illegal
activities of the contract. The judge here is not creating new law, but according to Hart, the judge
is doing so. In the decision writing, the judge would say that the rule of concealing some documents
has been there but it was not explicitly written, but it was implied in the subtext underst...