Compare critically Bentham's, Hart's and Dworkin's accounts of legal obligation. The essay is submitted for the course "Jurisprudence"

sanctioned financial obligation is both Benthams and Harts central concern. Yet, Dworkin does non really coerce an account on this topic, but quite an criticising positivist theses. Thus, I will first make a brief compendious of Benthams and Harts account of legal obligation, before I make a comparison of all the three jurists theories. Jeremy Benthams jural Obligation For Bentham, obligation is the setback of rights. Obligations and rights are the two classes of things that the legislator distributes among the members of the community. A right cannot be created in favour of anyone, without courtly a corresponding obligation on an opposite. To commit an offence is, on the one hand, to violate an obligation---on the other hand, a right. Bentham regarded rights as a benefit, while obligations as in themselves an evil , because obligation set constraints on peoples soulal liberty. As a utilitarian, Bentham believed that the function of legal philosophy is the give the grea test comfort to the people in the community. Since rights and obligations are opposite, when a right is conferred, at the same time an obligations is imposed. Thus, when a legislator legislates, he gives benefit and at the same time of imposing evil. He has to try his better to achieve what Bentham called the greatest rejoicing. In other words, he has to find a agreement between benefits and evil. Bentham believed that legal obligation was nothing more than an sentiency of the probability that punishment would be imposed in union with a legal scheme. Legal obligation arisen when a self-reliant gives commands to its subject backed by rewards or punishments. Hart summarizes Benthams intellection of command as: an boldness by one person of the dsire that another person should do or abstain from most action, accompanied by a threat of punishment which is in all probability to follow... If you want to get a full essay, order it on our we bsite: ! BestEssayCheap.com

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