Decision Best Explained Within a Legal Positivist or Natural Law Framework - Law Assignment Help

Assignment Task:

Task:

In Fairchild v Glenhaven Funeral Services [2002] 3 All ER 305 the House of Lords modified the conventional ‘but for’ test of tortious liability to allow plaintiffs suffering from mesotheliomas due to exposure to asbestos dust to recover damages from the defendants.
Read the judgments of:
Lord Bingham (focusing solely on [1] – [7] for an overview of the facts and legal issues),
Lord Nicholls [36-45] and,
Lord Hoffman [46-74].
Based on these extracts, is this decision best explained within a legal positivist or natural law framework?
In your answer, compare the legal positivism of H.L.A Hard with the classical natural law position.
The aim of the assignment is not a provide a substantive critique of how the House of Lords resolved the relevant tort law issues, but rather the consider how positivism or natural law theory provides insights, or not, into hoe the House of Lords judgment frames the questions, uses sources of law, and/or determines what the scope of the decision will be.
 

Referencing:
No intext referencing
Footnotes using Australian Guide to Legal Citation 4th ed.

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