There must BE NO PLAGIARISM OR GRAMMATICAL ERRORS
PLEASE LOOK AND THINK CAREFULLY OF WHAT THE QUESTIONS ARE ASKING YOU TO TO!!
READ THE ARTICLE AT LEAST TWICE TIMES TO MAKE YOU UNDERSTAND THE ARGUMENTS IN THE ARTICLE BECAUSE IT IS DIFFICULT READING
The article is difficult to read,so play close attention to the questions on the homework and focus on the readings.
MLA format with size 12 font Time roman single spaced
You only need to read section I (pp 1614-1640), and can skip section I.B.1.b.ii (1636-1637)
The answers to all of these questions must be in your own words (don’t just take sentences from the reading and replace some words with synonyms).
1. a. What is the “paradox of legal authority?” (1-2 sentences)
b. Why, according to Hurd, would saying that the law is a “theoretical authority” not solve this paradox? (1-3 sentences)
2. Hurd discusses a problem for religious authority. What is that problem and what issue with legalauthority is it supposed to illustrate? (2-4 sentences)
3. In I.B.1.b.i, iii, and iv, Hurd discusses a number of ways the Razian can respond to her worry (the worry you discussed for 2). Each runs in to the same problem. What is that problem? (1-3 sentences)
4.a. When a legal agent (judge, police officer, etc.) thinks that they are in a case where moral and legal obligations conflict, what is morally right for them to do, according to Hurd? (1-2 sentences)
b. What do you think about Hurd’s view (the view that you stated in 4a)? Why?
KEY WORDS TO THINK ABOUT AND APPLY THEM ACCORDINGLY!!
Demandingness: Key term “demanding.” Be able to give an example in which there is usually a prima facie moral duty to do x, but some specific person does not have that duty because it would be too demanding for them. Be able to give an example where a moral duty to do x is somewhat demanding for a person, but that person still has a moral duty to do x. If I give you examples, be able to correctly identify if they are examples involving demandingness. Be able to distinguish between cases where there is no duty to do x because that would be overly demanding, and cases where there is no duty to do x because x is impossible to do.
Authority: Key terms: “authority,” “content independent reason.” Be able to explain what each means. Be able to give plausible examples of authorities outside the context of the law (you don’t have to agree that these are authorities, you just need to have some examples that others will find plausible). If I give examples, be able to explain whether or not these terms apply to them.
First and second order reasons: Key terms: “first order reason,” “second order reason,” “exclusionary reason” (this last one is a concept from Raz and is explained in the Hurd reading). Be able to explain what each of these are. Be able to give plausible examples of each (you may not believe that, e.g., exclusionary reasons exist, but you should be able to give an example that would be plausible to someone who does believe in these types of reasons). Be able to give examples in which a particular fact is (or gives) both first and second order reasons. If I give you examples, be able to explain whether they are first or second order reasons (or both or neither).
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