The Separability Thesis Maintains That There is No Necessary Connection Between Law and Morality - Law Assignment Help

Assignment Task:

Task:

I. Instructions:

Select and answer ONE of the following questions. Word limit for this essay is 1500 words. Footnotes and the bibliography are not included in the word limit. Word limits will be strictly enforced, and any content over the word limit will not be marked. Students should abide by AGLC4. In answering these questions, you must refer to the course materials, including the additional readings listed. You may also use additional sources if you wish. Please submit your essay through Turnitin. Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline.

II. Questions

1. The Separability Thesis maintains that there is no necessary connection between law and morality. Explain the separability thesis. Explain ONE advantage and ONE disadvantage of this thesis. Do you find this thesis convincing? Give TWO REASONS for your view.

2. Dworkin uses the analogy of a ‘chain novel’ to explain his idea of ‘law as integrity.’ Explain how this analogy functions in Dworkin’s interpretative theory of law. Do you think that the law should be morally consistent? Give TWO REASONS for your answer.

3. Legal formalism is the view that judges should apply rules according to their plain meaning, irrespective of how unjust or unreasonable the rule is. Do you think this is a defensible theory of adjudication?

Give TWO REASONS for your view.

III. This Assessment Task relates to the following Learning Outcomes:

• Analyse the issues at stake in debates about the nature of law, legal reasoning and adjudication.

• Assess the strengths and weaknesses of different theories about the nature of law, legal reasoning and adjudication.

• Apply knowledge of theoretical debates in jurisprudence in assessing the reasoning in legal cases and answering hypothetical problems.

• Communicate using clear and cogent arguments both orally and in writing.

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