Assignment: Essay
This assignment is worth 100% of the module mark.
Word limit: 1750 words
This excludes bibliography and footnotes. Footnotes may only contain citations; no other text or argument development. If you exceed the word count, marks will be deducted.
Instructions
· Please number your pages.
· The use of generative Artificial Intelligence (AI) systems to create work of which you are not the author is strictly prohibited and is an academic offence.
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Questions
Answer ONE of the following questions
Question 1
Evaluate the following statement drawing on the materials on the module reading list, and materials you have found through independent research:
“There are many reasonable ways of capturing the core commitments of the natural law tradition, but I am going to stick with a way that I have developed elsewhere, characterising the tradition in terms of what I call the natural law outlook. The natural law outlook has two elements: first, there are certain forms of life that are inherently good for humans given their nature; and second, these forms of life are fundamental to explaining the nature and purpose of social, political, and legal institutions. These two commitments fairly capture the views of the classical and contemporary writers most prominently associated with the natural law label. The natural law outlook, thus described, is theologically neutral. It is equally compatible with the views of Aquinas and [with those of an] atheist natural law theorist…” Jonathan Crowe, “Natural Law with and without God”, 4 Australian Journal of Law and Religion 17(2024).
Question 2
Jeremy Waldron argues that the judicial review of legislation is democratically illegitimate. Do you agree? Why, or why not? In your answer, engage critically both with the work of Waldron and of his critics.
Question 3
‘Dworkin was right to claim that legal positivism cannot account for the role of disagreement in law.’ Do you agree with this statement?
Question 4
In what circumstances might it be justifiable to disobey the law? In your answer, critically engage with the work of Marxist and/or non-Marxist theorists.
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