Maximum Word Limit: 1000 words
You must reference any cases cited using OSCOLA.
legal philosophy often involves engagement with cases for philosophical purposes. In those
instances, you should use the OSCOLA standards of referencing and reference carefully
Please answer the following question:
What are the minimum requirements for a legal system? What are the qualities of an ideal
legal system? Justify your answers, and analyse any difference between the two using the
concepts of authority and freedom.
Reading (required reading is starred)
* ‘Philosophy of Law’ entry
‘Legal Obligation and Authority’ in the Stanford Encyclopedia of Philosophy
Brian Bix, Jurisprudence Theory and Context (Sweet and Maxwell), Part A (pp. 3-30).
Sean Coyle, Modern Jurisprudence: A Philosophical Guide (Hart 2014) Chapter 1, ‘Justice, Law and History’,
1-18 (On Blackboard)
*Crowe, Jonathan. "Natural law beyond Finnis." Jurisprudence 2.2 (2011): 293-308.
*John Finnis, Natural Law and Natural Rights (2nd edn, OUP 2011) Chapters 1, 4 & 10.
John Finnis, ‘On the Incoherence of Legal Positivism’ (2000) 75 Notre Dame Law Review 1597
Leslie Green, ‘The Duty to Govern’ (2007) 13 Legal Theory 165
Mark C. Murphy, ‘Finnis on Nature, Reason, God’ (2007) 13 Legal Theory 187
Veronica Rodriguez-Blanco, ‘Is Finnis Wrong? Understanding Normative Jurisprudence’ (2007) 13
Legal Theory 257
Volumes 3-4 of Legal Theory 13 in 2007 are part of a symposium on Finnis’s work, specifically NLNR.
Therefore, should you wish to do any further reading, these volumes would be a very good place to
*H.L.A. Hart, The Concept of Law (3rd edn OUP 2012) pp1-117
H.L.A. Hart, ‘Positivism and the Separation of Law and Morals’ (1958) 71 Harvard Law 593
Ronald Dworkin, Taking Rights Seriously (Duckworth 1977) Chapters 1-3
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