Details :  6-7 pp. (1.5 space, Times New Roman font), 25 points

Due :  Wednesday, March 28

Details:  This short paper aims to cover material encountered in the first half of the course, dealing mainly with the nature of law and the conflict between natural law and legal positivism.  We also looked at the nature of (natural/human) rights, and at an application of these themes to a fictional case (the speluncers).  Accordingly, there are three options for the paper.  Focus on the readings you find most relevevant in each case, but use at least three sources (books or articles) in some way. 

Option 1 :  What is natural about natural law, and why does it matter?  Explore this topic by referring to several of the articles we have discussed, including Fuller, Hart, George, and Dworking.  

Option 2 :  Would you characterize yourself as a legal positivist, an non-positivist (in some sense -- to be explained), or an interpretivist, or some combination thereof?  What position about the nature and foundation of law seems most plausible to you, and why?  Again, develop your position by referring the several of the readings we have encountered in class.

Option 3 :  Pretending that you are the final judge (the tie breaker) to rule on the case of the speluncean explorers (after the 50-year hiatus), how would you resolve this case?  Be sure to refer to some of the other rulings, particularly those relevant (i.e., supporting or opposed to) your own view, as well as some of the other readings that we made encountered.