Philosophy of Law (Example)

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Student’s Name Professor’s Name Course Date Philosophical issues presented by the matter of Lt. Watada’s court-martial proceedings.  This task sets out to present the philosophical issues that were apparent in Lieutenant Watada in the proceedings that took place in the US court-martial. Before this undertaking; the task will begin with the background issue in this matter. In the aftermath of the September 11 incident in the United States Ehren Watada decided that it was in the best interest to join the United States military with a specific mission of putting an effort to defend the US from aggression targets by terrorists. Watada having graduated and with a bright future lying ahead he was left out of the poverty draft. Unfortunately he considered himself a volunteer who had good intentions and committed to a noble course. Having been convinced by the then President Bush’s case against the invasion by Iraq founded in bad faith and were more or less a witch hunt. Save for the arguments by Austin which broods ground for the laws against Watada’s actions Rawls Hart and Watada were basing his arguments on laws and his actions together with military duties were based on moral laws and there is no way he could against what he believed in. Works Cited Francis Norman. "Adams JQ (ed.) 1924. Chief Pre-Shakespearean Dramas (London: Houghton Mifflin). Aspin IST (ed.) 1953. Anglo-Norman Political Songs (Oxford: Blackwell). Bateson M.(ed.) 1899. George Ashby’s Poems Early English Text Society extra series vol. 76 (London). Blake NF (ed.) 1975. Quattuor Sermons Printed by William Caxton (Heidelberg." Money Prices and Wages: 256. Hart Herbert Lionel Adolphus. "Positivism and the Separation of Law and Morals." Harvard law review (1958): 593-629. Horwitz Morton J. "History and Theory." Yale LJ 96 (1986): 1825. Martin Rex. "Rawls's New Theory of Justice." Chi.-Kent L. Rev. 69 (1993): 737. [...]

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Read and analyze the material provided. Write paper in standard format: 12-point type, Times-new Roman, 1” left and right margins. Paper must be single-spaced. It should be approx. 3.5 single-spaced pages (not longer than 4 pages). Must provide citations to the materials you are relying on (i.e. Rawls, p. __, Hart, p. __, Brecher, §5, or UCMJ Art. 87). You do not need to provide a bibliography. Assignment is to write a paper demonstrating understanding of the philosophical issues presented by the matter of Lt. Watada’s court martial proceedings. 1. Apply the positions of each of the following four (4) philosophers: -Austin (Legal Positivism p. 49-54 in Adams PDF) -Hart (Harts Theory p. 43-44/Positivism and the Separation of Law and Morals p.61-70...both in Adams 40-76 PDF) -Aquinas (What is Law? in Adams PDF p. 76-77) -Rawls (A Theory of Justice PDF) Austin,Hart, Aquinas and Rawls to the facts provided. What would each of these philosophers conclude regarding the appropriate outcome of the charges against Lt. Watada and why? If they would be likely to find the charges appropriate, would they also recommend that Watada be punished in accordance with them? Your argument in each of these instances should be structured along the following lines: * A. State clearly your position that according to the theorist in question the charges against Lt. Watada are [appropriate/ inappropriate, punishable/ not punishable]. * B. Provide a complete description of the relevant portions of that theory. * C. Explain how that theory applies to the facts of this case. Be sure to state what laws are laws according to the theory in question, and why. * D. What are the anticipated objections to this position? (That is, what is the downside to the view in this particular case?) 2. State your own position on the appropriate outcome in the Watada case. * A. State clearly your position regarding the charges. What do you think the correct outcome is in this case? Are the charges appropriate/ inappropriate, punishable/ not punishable? * B. Explain in detail which of the philosophical theories in this course supports your view and how. (This may include any of the other theorists on the syllabus.) C. Address the weaknesses of your view. How do you answer them? Criteria The war in Iraq, and its validity, is still seen by some as a controversial topic in history. This is not, however, an invitation to write a rhetorical paper. This is a position paper, and your work will be evaluated for the strength of your arguments, the use of good reasoning skills, and, primarily, the demonstration of your understanding of the philosophical and legal principles. Do not rely on outside research to support your position. An Appendix has been provided with the relevant codes and other pertinent information. If there are terms or references in the article that you do not understand then feel free to research them for a better understanding—while paying close attention to the authority of the sources you are relying on—but do not incorporate this research into your argument.