Penumbra Research Paper

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A penumbra is a “grey-area” of uncertainty regarding how specific laws or rules are applied to relevant situations. Due to the different views of H.L.A. Hart regarding legal positivism, and its extent in determining the separation of law and morality, problems of the penumbra are cases that yield a very controversial and careful decision-making process. This essay will explain the argument of the penumbra, Hart’s resulting response, which positivist thesis it challenges, and whether and how I overall support or contest his view. Penumbral cases occur when the application of a law is unclear, when, for example, people ask “what if…” in regards to rules. An example that Hart uses to clarify the theory, is that of the legislation “vehicles are prohibited in the park” (Hart,95), in which there are many scenarios where the law could or could not be considered to be broken. In …show more content…
The stroller is then taken into account, and must be clearly determined to be either a vehicle or not, and then the definition of “vehicle” itself comes into question. In cases such as this, where interpretation is a key tool, as the risk of improper clarification of vital terminology can lead to a negative result in the formation and future understanding of this rule of law. In regards to the earlier example of the stroller potentially being considered a “vehicle”, upon further analysis of the term “vehicle”, there are many different contexts of the word to consider. Either the judge takes the most common meaning of the word in its ordinary non-legal context, as ordinary civilians would understand the meaning of the word,
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