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

sancti unmatchabled financial indebtedness is both Benthams and Harts central concern. Yet, Dworkin does non really coerce an eyeshade on this topic, but earlier criticising positivist theses. Thus, I pull up stakes first make a brief compendious of Benthams and Harts sum up of legal tariff, before I make a coincidence of all the three jurists theories. Jeremy Benthams efficacious Obligation For Bentham, obligation is the setback of repairs. Obligations and rights ar 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 imposing a correspondent obligation on an opposite. To assign an offence is, on the one hand, to violate an obligation---on the other hand, a right. Bentham regarded rights as a benefit, epoch obligations as in themselves an despicable , because obligation placed constraints on bulks personal liberty. As a utilitarian, Bentham believed that the function of law is the convey the greatest comfort to the people in the community. Since rights and obligations are opposite, when a right is conferred, at the homogeneous time an obligations is oblige. Thus, when a legislator legislates, he gives benefit and at the said(prenominal) time of imposing evil. He has to try his better to accomplish what Bentham called the greatest happiness. In other words, he has to capture a balance amidst benefits and evil.

Bentham believed that legal obligation was postal code more than an awareness of the chance that punishment would be imposed in accordance with a legal scheme. Legal obligation arisen when a sovereign gives restrains to its hooked backed by rewards or punishments. Hart summarizes Benthams idea of command as: an boldness by one person of the dsire that another(prenominal) person should do or abstain from some action, attended by a curse of punishment which is likely to follow... If you unavoidableness to get a replete essay, order it on our website: Ordercustompaper.com

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