Question
Why could penumbra cases pose a problem for Hart's theory of legal philosophy, at least according to Hart's opponents such as natural law theorists? Select
Why could "penumbra" cases pose a problem for Hart's theory of legal philosophy, at least according to Hart's opponents such as natural law theorists? Select the answer that best answers the question.
Group of answer choices
Because penumbra cases must be decided on the basis of morality, and thus they show that law and morality cannot be separated, contrary to what Hart thinks.
Because penumbra cases are cases that the "letter of the law" cannot decide. Since they are difficult to decide, penumbra cases require some degree of judicial interpretation. But judicial interpretation can only be based on text, precedent, and tradition according to legal positivism. Since judicial interpretation in penumbra cases must appeal to pre-legal values, including moral values, purpose, and consequence. So the law that governs the penumbra cases must be a law that is informed by morality, purpose, and consequence, contrary to what legal positivists assert.
Because penumbra cases are cases that the mere "letter of the law" cannot decide. Hence, penumbra cases require some degree of judicial interpretation. But judicial interpretation must appeal to pre-legal values, including moral values. So the law that governs the penumbra cases must be a law that is informed by morality.
Because penumbra cases are difficult to decide and thus judges must rely on moral values that do not belong to the law itself.
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