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Hart vs. Dworkin Debate, 2003.
An examination of how well HLA Hart has defended his theories against his critics following the publishing of his Postcript to "The Concept of Law".
1,598 words (approx. 6.4 pages), 6 sources, APA, $ 52.95
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Abstract
This paper examines how HLA Hart, a legal positivist, developed his theory on the notion that for a legal system to exist it should comprise entirely of rules and how within this legal system, Hart states that rules are divided into either primary or secondary rules. It looks at how Ronald Dworkin?s theory, on the other hand, is founded on criticisms of Hart?s theory. It seeks to analyse Hart?s Postscript to "The Concept of Law" and determine to what extent has Hart successfully defended his theory against his critics.
From the Paper
"The basis of Dworkin?s theory is founded on criticisms of Hart?s theory. Dworkin pictures law as a ?gapless? legal universe in which there is always a right answer. He suggests that there is much more to the law than just rules, contending that the Positivist view of a system of rules ignores the important roles of other standards which are not identified as ?rules.? Dworkin maintains that principles and policies play a crucial role in judicial reasoning, particularly when the existing rules of law prove controversial in a case, as evidence in Riggs v Palmer (1889). This case example provides an intuitive sense of Dworkin?s idea of principles."
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The Case of Mr. Hart and Mr. Bing, 2002.
This paper is a resolution essay of the classic communication case study of Mr. Hart and Mr. Bing who have stopped talking to each other.
925 words (approx. 3.7 pages), 0 sources, $ 32.95
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Abstract
The paper analyzes Hart and Bing?s communication problem: They used to work together but Hart got promoted and the two are no longer equals. The author recommends that Hart, as a member of management, needs to talk to Bing one-on-one. The author feels that Bing needs to pay close attention to the employee handbook and other information as it may give him insight into issues that the boss, Hart, has with him.
Table of Contents
Problem Identification
Situation Analysis
Recommendations
From the Paper
"Hart had been given power over Bing that he did not previously have and it seems, from a review of the symptoms, that Bing has some animosity toward Hart because of his new position. Another cause of the problem is the fact that other employees are following Bing's lead and leaving for lunch a few minutes early. This, from Hart's point of view, appears to be both Bing's fault and a lack of respect for Hart's authority. Because of this, Hart begins to dislike Bing even more, rather than exercising his authority as manager and letting everyone know that this is unacceptable behavior. Hart has not been discussing the issues with other employees; rather he has been allowing his dislike of Bing to hamper his management style with these other employees."
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Hobbes and Hart on Law, 2002.
Shows the interpretation of two philosophers on the subject of law, Thomas Hobbes (in "Leviathan") and English legal philosopher, H.L.A Hart.
1,150 words (approx. 4.6 pages), 1 source, $ 44.95
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Abstract
In "Leviathan", Thomas Hobbes presents an understanding of the law as a concept that distances human beings from their natures, thus saving the integrity of civilization. Hobbes envisions the human being as naturally flawed and brutish and it is only the development of law and the strict adherence to these principles that a healthy civilization can exist. Hobbes argues, moreover, that situational legislation would be the decline of the integrity of a civilization. English legal philosopher H.L.A. Hart disagrees with Hobbes on this point. Hart argues for the privacy of one's personal conduct and states that if it does not infringe upon the rights of others, it should not be subject to public legislation. Hart relies strongly on the notion of "internal perspective" as a concept, which establishes the parameters of obligation for a legal system.
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H.L.A. Hart: The Separation of Law and Morality., 2002.
A look at Hart's view on the separation of law and morality.
2,400 words (approx. 9.6 pages), 2 sources, $ 89.95
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Abstract
This ten-page undergraduate paper examines whether Hart's view of a legal system provides an adequate account of the authority of law or fidelity to law. The author provides an exposition of this criticism, then examines Hart's response to such criticism.
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Postmodernism: Bret Easton Ellis' "American Psycho", 2006.
This paper examines Bret Easton Ellis' postmodern novel "American Psycho" to evaluate a quotation from French philosopher Jean Baudrillard.
2,780 words (approx. 11.1 pages), 13 sources, APA, $ 82.95
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Abstract
This paper explains that Jean Baudrillard's quotation refers to the commitment of contemporary American fiction to the pleasures and anxieties of consumer culture. The author states that this behavior is most fully exemplified in Bret Easton Ellis' "American Psycho" through his protagonist Patrick Bateman. The paper points out that the form of postmodernist texts, such as "American Psycho", opposes meta-narratives, which are the traditional method of writing. The author relates that the book's constant suggestion of boredom is often seen in other post modern art forms, such as the music of Talking Heads. The paper illuminates that Baudrillard's reference to "all life" is an over-generalization just as Patrick Bateman's conduct positions him at an extreme perimeter. The author concludes "American Psycho" contains a pertinent response to Baudrillard's resigned allusion to superficiality and the way in which many of people, not only psychopaths, actually live their lives.
From the Paper
"Baudrillard's statement seems to have an air of ennui, or resignation, suggesting perhaps, that we have become immune to the reality of our emotions, being smothered (or embosomed, perhaps), by globalization. Notwithstanding Baudrillard's eminent status, (his Wikipedia page lists his academic achievements at some length), it would ill behoove us, as critics, to simply accept that this is, quite simply how things are, and that we might as well get used to it. Bateman, for this critic, gives the lie to Baudrillard's quote, which was originally published in his "Selected Writings" in 1988."
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Almira Hart Lincoln Phelps, 2001.
A historical perspective of a life in science education.
843 words (approx. 3.4 pages), 2 sources, MLA, $ 30.95
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Abstract
This paper discusses the life of Almira Hart Lincoln Phelps, born in 1793, who dedicated her life to the teaching of science. She grew up in a large family where learning was essential. Later she became an influential science educator whose work as both teacher and author, especially in introducing science into the curriculum of women's schools, entitled her to a prominent position in science education's history. The paper shows that, in addition, she became a strong supporter of women's position in science in her era. Almira Phelps led a life of educating women in the sciences.
From the Paper
"Later, Almira became fascinated with the courses in science taught by Amos Eaton at the Albany Institute. Eaton became a major influence in Almira's dedication to the sciences. From classes Almira was permitted to take from Eaton in chemistry, botany, and natural philosophy, she obtained the knowledge necessary to teach these same classes back at the Troy female seminary. She made science a popular subject among the women enrolled at the seminary."
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"Arafat: Terrorist or Peacemaker" by Alan Hart, 1996.
Critical review of work on life, political rise, tactics, leadership & popularity of Palestinian leader.
1,350 words (approx. 5.4 pages), 1 source, $ 47.95
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From the Paper
"Alan Hart, in Arafat: Terrorist or Peacemaker?, presents a well-balanced portrait of the Arab leader Yasser Arafat, demonstrating convincingly that he was indeed once a terrorist, using methods of terror to advance what he believed was a just cause, but who then became a true peacemaker. The author does not pretend to argue his case with an eye for objectivity, but instead is dedicated to urging the Americans to use their clout with Israel to persuade that nation to deal with Arafat and to understand the beliefs behind his tactics of the past. In any case, Hart is convinced (and gives the reader a powerful argument to share that convincement) that Arafat must be respected as a major player in any peace which emerges in the Middle East. His book is particularly relevant today as the peace process inches forward between the Palestinians and Israel, and as Arafat..."
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Realism in Fiction, 2008.
An analysis of three stories: Bret Harte's "The Outcasts of Poker Flat," Sarah Orne Jewett's "The White Heron," and Stephen Crane's "The Open Boat".
1,131 words (approx. 4.5 pages), 3 sources, MLA, $ 39.95
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Abstract
This paper analyzes three different American short stories: Bret Harte's "The Outcasts of Poker Flat," Sarah Orne Jewett's "The White Heron," and Stephen Crane's "The Open Boat". In particular, the author looks at the stories with regard to the different forms of realism in fiction - being naturalism, local color, and regionalism.
From the Paper
"Realism in fiction appears in several different forms, some of which can be illustrated by reference to different American short stories. The three primary categories of realism are naturalism, local color, and regionalism. In a broad sense, realism emulates reality closely and in great detail, with an emphasis on verisimilitude. Character is more important than action or plot. Social class is an important element that defines characters, and the speech of characters is in the natural vernacular. These elements can be seen in different degrees in Bret Harte's "The Outcasts of Poker Flat," Sarah Orne Jewett's "The White Heron," and Stephen Crane's "The Open Boat.""
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Stereotypes in "The Luck of Roaring Camp", 2006.
An analysis of Bret Harte's story about frontier characters raising the child of an Indian prostitute and an unknown father.
830 words (approx. 3.3 pages), 1 source, MLA, $ 29.95
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Abstract
This paper describes the stereotypes surrounding the characters in Bret Harte's story, "The Luck of Roaring Camp" and looks at how these stereotypes still resonate today.
From the Paper
"The author incorporates elements from one of the most familiar and beloved stories in Western culture: the birth of Christ. This is merely a starting point, however, and the story then describes the effect of the introduction of a child into an all-male community. The tale is a wonderful and beautiful illustration of how the uncouth frontier characters raise this child, the son of an Indian prostitute and an unknown father."
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Conforming to the "Norm", 2004.
A comparative analysis of "The Outcasts of Poker Flat" by Bret Harte and "To Brooklyn Bridge" by Hart Crane.
1,056 words (approx. 4.2 pages), 4 sources, MLA, $ 37.95
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Abstract
The purpose of this paper is to introduce, discuss, and analyze two works: "The Outcasts of Poker Flat" by Bret Harte and "To Brooklyn Bridge" by Hart Crane. Specifically, it discusses what reasons the two main characters have for conforming (or not conforming) to the norm in these two works. The characters in these works symbolize America, both the best and the worst. They also symbolize how society expects much from its citizens and how some people, no matter how hard they try, simply cannot conform to the norm and fit in to a society that will only accept them on its own, quite demanding terms.
From the Paper
"Conforming to the "norm" is one way people manage to get along in society. Society certainly does demand a lot from most people ? ethically and politically, and those who do not openly conform to society's rules are often cast out or seen as outsiders. In both of these works, the main characters must conform to society's rules to survive. In "Brooklyn Bridge," the main character is really the bridge itself, and Crane portrays it in a mystical or God-like way, as if it is an image to be idolized, just like the Statue of Liberty nearby in New York Harbor. More than conforming, the bridge becomes a symbol of America at its best. It is symbolic of a society on the move, inventing new technology and rushing toward the future."
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Friendships and Relationships, 2006.
A comparison of "The Cask of Amontillado" by Edgar Allen Poe and "Tennessee's Partner" by Bret Hart.
1,200 words (approx. 4.8 pages), 2 sources, MLA, $ 41.95
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Abstract
This paper compares and contrasts the novel "The Cask of Amontillado" by Edgar Allen Poe with Bret Harte's book "Tennessee's Partner". The author of this paper asserts that while the works were written years apart and on opposite sides of the earth, they share a bitter message of vengeance and murder. Furthermore, the author says, the authors have a similar writing style, with each employing both poetry and prose in their lyrical style.
From the Paper
"The easy comparison of course is that both tales involve murderous vengeance against an individual. In Poe's tale it's the character of Fortunato who becomes the object of the merciless orator bent on vengeance for the both real and imagined injuries and insults furthermore, this murder is carried out in an extremely personal manner. In Harte's tale the execution style vengeful murder is carried out in a corporate, or group, or mob-like fashion on the nameless character known only as "Tennessee's Partner"."
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American-Indians in 19th Century Historical Novels, 1994.
An analysis of the stereotypes and negative and positive portrayals in James Fenimore Cooper, Nathaniel Hawthorne, Francis Parkman, Mark Twain and Bret Harte.
2,250 words (approx. 9.0 pages), 71 sources, $ 79.95
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From the Paper
"The purpose of this research is to examine the image of the Indian in the 19th-century American historical novel. The plan of the research will be to set forth a survey of discussions of American historical novels that portray Indian characters and life, with a view toward identifying American writers' trends and attitudes in the 19th century toward native Americans, and then to discuss how those attitudes framed and shaped more general perceptions of Indians in the mainstream culture as a whole. As we shall see, the weight of evidence from Indian portrayals on the whole is that they serve narrative more than insight. In particular, the presumption of Indian displacement by white culture pervades much 19th-century historical fiction.
Differences in perception about whether the displacement is just or unjust largely surface more as a matter of degree than..."
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Committed and Detached Normative Statements, 2006.
A discussion of the views of Joseph Raz and H.L.A. Hart regarding the distinctions between committed and detached normative statements, and between external and internal statements made about the law.
2,025 words (approx. 8.1 pages), 5 sources, MLA, $ 64.95
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Abstract
This paper examines the distinctions drawn between committed and detached normative statements, as well as between external statements about the law and internal statements made by those who accept the law. It focuses particularly on the views of Joseph Raz and H.L.A. Hart regarding this issue. The paper asserts that both Raz and Hart tap into the internal viewpoint of a person on whether one accepts a rule or not as law, but only at a superficial level. Raz's 'committed statement' and 'detached normative statement' parallel Hart's 'internal statement' and 'external statement' respectively. On this level, the paper posits that Raz's theory supplements Hart's theory. It concludes, however, that there are subtle differences between the two and that Raz's ideas bring Hart's theory to a different level.
From the Paper
"Raz contends that the acceptance of rules of recognition is a moral decision, not just a matter of fact as Hart asserts. In Practical Reason and Norms (1990), Raz states that 'Intuitively, it is always the case that one ought to do whatever one ought to do on the balance of reasons', which is the core of Raz's theory of practical reasoning. He suggests that reasons can be categorised into first and second order reasons. An example of a first order reason: 'I bought a bottle of champagne, and because I love drinking champagne, I have a first order reason for drinking it'. A second order reason that counteracts my first order reason could, for example, be that 'I promised the bottle of champagne for my friend to drink'. This second order reason (i.e. a promise) excludes further deliberation as to whether I want to drink the champagne."
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Critiques of Positivism, 2005.
An analysis of the legal principles and theory of discretion by Ronald Dworkin and H.L.A. Hart.
1,125 words (approx. 4.5 pages), 1 source, $ 44.95
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Abstract
This essay critically examines Ronald Dworkin's criticisms of Hart's positivism, in "Models of Rules 1", in order to determine the relative strength of Dworkin's critiques. The paper argues, with reference to the work of both men, on the issue of legal principles, Dworkin's criticism of Hart's positivism is strongest while, in contrast, Dworkin's criticism of the theory of discretion under Hart's positivism is notably weak.
From the Paper
"Critiques of Positivism: Dworkin v. Hart Ronald Dworkin, in "Models of Rules 1," presents a range of criticisms of the philosophy of legal positivism as embodied in the work of H.L.A. Hart."
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Enforcing Morals, 2001.
This paper takes a look at the different philosophical theories of Lord Devlin and H.L.A. Hart at enforcing morals.
2,100 words (approx. 8.4 pages), 8 sources, $ 65.95
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Abstract
This paper examines the theories of Lord Devlin and H.L.A. Hart - Two British philosophers who analyzed the concept of enforcing morals. It takes a look at these theories as applied in contemporary British society, compares their contents and argues about the relevance of their application today.
From the paper:
"Because of the diversity of cultural, ethical, and moral views and beliefs that obtain in contemporary Britain, the idea that the legal system may be used to legislate morality has become in the past generation ever more tenuous, casting doubt on both the philosophies of Lord Devlin and H.L.A. Hart. Both now seem to be limited in their philosophical application to legal and moral considerations in Britain in the 21st century; another way of saying this is to argue that when applied to British contemporary society Devlin?s theory on the enforcement of morality does not differ substantially from Hart?s at least in the legal implications of both. This paper examines this position."
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