Quantity Surveying Dissertation New Rules of Measurement NRM

The Deployment and Utilisation of New Rules of Measurement within Quantity Surveying

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The construction industry has always been viewed as being the last to adopt modern technology and methods compared with other industries. The need for major change in the industry is abundantly clear as many projects in recent years have been going over budget and clients have not been satisfied with the work. This has been down to new developments in construction technology and materials. Quantity surveyors have tried to use traditional methods to price and measure these new techniques but it has been proven that the current SMM were not adequate to do so. The creation of the New Rules of Measurement aims to change all of this and provide the client with great cost accuracy on modern projects from start to finish. This dissertation aims to analyse the impact the New Rules of Measurement have had in QS firms and whether they are being used effectively by firms that have currently adopted them. The opinions and experiences of current Quantity Surveyors have been gathered by reviewing literature on NRM and by conducting interviews with quantity surveyors from the contracting and consultancy side of the profession. The general feeling in the industry is that quantity surveyors are not utilising the NRM to its full potential and there is various reasons why this is.

construction dissertations Quantity Surveying Dissertation New Rules of Measurement NRM


Many professionals in the construction industry are against change and tend to have the opinion of “if it’s not broke, don’t fix it” in regards to the current measurement rules they use (SMM7). Companies have a lack of spare capital to invest in new methods and training. As the full set of documents has not been released people are unwilling to integrate an uncompleted document into their work. A lack of guidance and information from the RICS has also been to blame. The aim of this dissertation is to analyse how NRM is being used in the UK industry by QS professionals and to evaluate whether it is being utilised to its full potential and if it is providing effective cost certainty on construction projects.

Dissertation objectives

  • Analyse the issues that quantity surveyors have encountered in the industry with measurement and costing.
  • Compare NRM with SMM7 and how NRM can address issues arising from the use of SMM7.
  • Evaluate whether NRM has had a noticeable impact on the UK QS profession since its release.
  • Evaluate the problems that quantity surveyors may incur when trying to implement NRM into their everyday work and why some are against using it in the UK industry.

I do hope you enjoyed reading this post on new rules of measurement and how it affects the UK construction industry. There are many other titles available in the construction dissertation collection that should be of interest to construction management students and building professionals. There are many dissertation titles that relate to other aspects of construction such as project management techniques, environmental management, building and construction methods to name a few. It took a lot of time to write this post and I would be grateful if you could share this post via Facebook and Twitter. Feel free to add your thoughts in the comments section. Thank you.

MBA Leadership Essay EFQM Model

MBA Leadership – EFQM Model

A lot has been written on the EFQM Excellence Model generally and its application to the field of total quality management. This chapter is founded on the information search and review of literature that was conducted in February and March 2013. It largely investigates the EFQM model with respect to the adjustments it has undergone over the years. Steered by the three research questions in this research, the literature review then explores the history of the EFQM Excellence Model, and the different adjustments the model has undergone as well. The chapter concludes with the current position the EFQM Excellence Model.

The EFQM Excellence Model

The EFQM- European Foundation for Quality Management was established in 1988 with the aim of assisting European firms to become competitive in the global market. The first choices of this establishment were to follow the example of the American MBNQA through forming the European quality prize (Conti, 2007). The mainstays of these prizes are extremely alike because all of them are founded on the philosophy of total quality management. On the other hand, there are a number of variations between nations. In accordance with Tan (2002), in developing nations these prizes provide little significance to factors like leadership and social responsibility. In Europe, the EFQM is more relevant to human resource management as well as social impact.

Successive forms of the EFQM Excellence Model have been created. The key reason for the adjustments is to be corresponding to the state of business. An evident illustration is the development of the MBNQA from a simple system of quality assurance to a system of quality management (Tan, 2002). The present type of the EFQM model dates from 2010. On the other hand, there is still not enough capability to evaluate this new type empirically. As a result of this, this paper will focus on the application of the EFQM model from 2003 -2012.

The EFQM model of 2003 varied in significant ways from the past one from the time it integrated a few concepts, like knowledge and information management, to draw up emphasis on process management and consumer orientation and to highlight the enhancement cycle (RADAR) and, in general, to make application easier in all sorts of businesses, private or public, multinationals or medium enterprises, or even in the non-profit organisations (EFQM 2003).

The EFQM Excellence Model supposes that, for a firm to be effective, whatever its industry, structure, size and so on, it ought to have a decent system of management. In light of this, the EFQM model is an instrument that may be applied to structure the system of management of a firm, through self-evaluation.

Self-assessment comprises a consistent assessment of activities and results of a firm with the excellence model (Calvo-Mora, Leal & Roldán, 2006) and it plays a part in identifying areas of improvement and strong points that as a result could facilitate to develop enhancement plans that ought to be incorporated in the strategic plans of an organisation (Jacobs & Suckling, 2007). In general, the scientific literature finds a positive correlation between company performance and self-assessment (Ahmed et al., 2003).

The EFQM Excellence Model is a flexible framework founded on nine principles. Out of the nine, five are Enablers whereas four are Results. The Enablers focus on what a firm, the Results focus on what a firm accomplishes. Enablers lead to Results (Mavroidis, Toliopoulou & Agoritsas, 2007). The EFQM model, realising there are a lot of strategies to attain maintainable excellence in all performance elements is founded on the principle that outstanding results with regard to customers, performance, and society are attained by means of resources, partnerships and processes. With reference to figure 1, the arrows highlight the dynamic attribute of the model. They indicate learning and innovation helping to better enablers that as a result cause advanced outcomes (Mohebi, 2002). This structure proposes the presence of correlations amid enablers and results and the actuality that being effective in a remote area is not satisfactory to attain excellence (Ehrlich, 2006).

efqm dissertation MBA Leadership Essay EFQM Model


Brief Summary of the Criteria Under the ‘Enablers’ group of the EFQM Model

Leadership- It is anticipated from the higher managers of leading firms that they would create systems of management in their firms and would struggle for their appropriate implementation and additional advancement (Collier & Bienstock, 2006). They would take the workers of the firm in assurance and would directly intermingle with their clients, suppliers and general public. These heads ought to be instrumental in making organisational transformations as and when requisite. They must come out as role models for the workers of their firm.

Policy and Strategy- Leading firms should have a long-standing strategic idea bearing in mind the anticipations of its different stakeholders (Ciavolino & Dahlgaard, 2009). These proposals must be evaluated constantly for appropriate implementation and upgraded obligatory. These plans must be founded on tracking the outer environment and monitoring the strong points of the organisation regularly.

People- It is desirable that firm manage their human resource obligations effectually by recognizing the capabilities of their employees and further advancing these to develop full advantage (Collier & Bienstock, 2006). There ought to be appropriate mediums of communication between senior managers and the staff members to identify their problems and prospects. The worker’s outstanding performance ought to be acknowledged and rewarded.

Partnerships and Resources- External allies, like suppliers, ought to be included in developing the coordination needs for more fulfillment of the buyers. The firm should assist these associates in their issues and form a synergy among them (Dahlgaard-Park, 2008). Outstanding firms ought to have well demarcated systems for dealing with their buildings, finances, materials and equipment. Old fashioned technology ought to be recognized in their operation and substituted with modern technology whenever the need arises. Appropriate application of information technology ought to be made and it must be guaranteed implied knowledge of the firm is transformed into systems of knowledge management.

Processes- Different processes must be well drawn and documented. The process ought to be analyzed for additional improvement constantly (Dahlgaard-Park, 2008). The firm must design and create its services and products on the basis of the anticipations of the clients. Long-standing relationships ought to be established with the consumers.

Brief Summary of the Criteria Under the ‘Enablers’ group of the EFQM Model

Customer’s results- How does the client view the firm? The firm is anticipated to develop processes to have knowledge of the consumer’s views of the firm (Go´mez-Go´mez, Martı´nez-Costa & Martı´nez-Lorente, 2011). People’s results- What are the views of the staff members of the firm regarding the firm? Therefore, systems must be developed to understand, monitor, forecast, and better the views of the staff members. Society’s results- What has the firm accomplished for the general public? What does the society notice regarding the firm? Therefore, systems have to be developed to understand, monitor, forecast, and better the views of the general public (Rooghani, M., & M. Homayonfar, (2005)). Key performance results- Key outcomes of performance are the results as intended by the firm. The results may be financial or non-financial. What the firm is accomplishing with regard to its intended performance is to be analysed and monitored.

According to Adebanjo (2001), the EFQM model integrates the principles of quality management mainly leaving the issues of quality management to individual companies. This implies that the aspect of quality assurance, related largely to the control of the production process, are presumed and organisations will possibly rely on other systems like six sigma, or ISO 9000 to concentrate in those features.

The Evolution of the EFQM Excellence Model

The EFQM Excellence Model is run by the European Foundation for Quality Management (EFQM) (Iñaki, Landín & Fa, 2006). This is a nonprofitmaking body integrated in Brussels (McCarthy & Greatbanks, 2006). Its associates are firms from industry and service in addition to institutions of higher education, research organizations and other institutions from academia. Its key purpose is to pass on the concept of Excellence across Europe (Vernero et al., 2007). In this context, the EFQM offers a range of services from information material and training on self-assessment to measuring support. They are all enhancing the fundamental business of supporting and running the European Quality Award.

The basic EFQM Excellence Model was initially established co-operatively by specialists and researchers and printed in 1991 (Klefsjo¨, Bergquist and Garvare, 2008). Ever since, it has been constantly revised and upgraded. A key amendment occured in 1999. It was acknowledged that collaboration with external allies or networking in addition to invention and learning had occurred in the interim as vital encounters to organizational performance. The objective was to integrate both features in the novel model. In addition, model management, applicability, and usability must be enhanced. As an initial step, the EFQM distributed a draft for a novel model in April 1998 (EFQM 1999). Conversely, its graphic arrangement revealed the preferred learning sequence. However, two new components were incorporated: “Partnerships”, as an enabler, defined the firm’s astrategy to cope or work together with external partners; “Partners” denoted the relevant measures of performance. In addition, the subcriteria lost their previous objective of offering comprehensive requirements to every component. As an alternative, they now termed as the factors approach, positioning, valuation, and assessment. These had initially been part of the “Blue Card”, that is, the scopes for assessment. The subcriteria of the old model were shifted to the parts to tackle. The latter alterations triggered significant criticism. Firms already using the model for self-valuation objectives would have had to re-educate all their employees.

As (Jelodar, 2006)a result, they strongly supported an evolutionary strategy to model improvement as an alternative . Additional issues were witnessed in the actuality that all model matters were shifted from the degree of subcriteria to the parts to tackle. The latter are not obligatory however, potrayed as an classic guidance for firms to comprehend the model. As a result, scientists and practitioners were frightened the good judgment concerning the subjects of the model could become disoriented (Javidi, 2006). On the other hand, the novel model draft provided some substantial developments largely referring to the dimensions of assessment. These later created the RADAR-Chart. Following an intense talk with its associates across Europe, the EFQM chose to pull out the draft of the new model and presented a second suggestion which was a lot more in agreement with the earlier version (EFQM, 1999). However, it considered the aforementioned factors of invention and learning in addition to external associations which are nowadays both placed more to the front. Conversely, the original level structure with subcriteria, elements, and sections to tackle was maintained. This made it easier for firms to adjust and carry on their internal processes of self-valuation.

The Changes Incorporated in Version 2010

According to the 3 dimensional trait of the EFQM Model, this section elucidates the adjustments in each of these scopes, being: The Fundamental Concepts; The set of eight concepts was retained per se, however, all have a transformed and more vibrant title whereas the content for each was developed and is nowadays presented in a more organized manner (Tarí, 2006); The Model itself with the 9 boxes or criteria; Moreover, here the 5 enabler and 4 result benchmarks boxes were retained per se, however, have now  an improved naming, more uniformity inside, less similarity and were upgraded in content. Similarly, the weighting is now easier and more stable (Jacobs & Suckling, 2007). The RADAR factors for Results and Enablers. Here an enormous transformation was made for the ‘scope’ elements employed to evaluate the performance of the outcomes or ‘footprint’ of an firm. The set of aspects for evaluating strategies in the enabler criteria were polished with traits like effectiveness, creativity and suitability being incorporated into the popular trio of ‘approach’, ‘deployment’ and ‘assessment and review’(Shertan, 2008).

Above and beyond these key adjustments, also the weighting of the benchmarks was revised and streamlined, while retaining the ‘equal’ value amid the capability of a firm using the 5 enabler benchmarks and the performance it conveys for all stakeholders in the 4 result benchmarks. Each retains 50-percent of the total (Davies, Douglas & Douglas, 2007).

Changes in the Fundamental Concepts

The key principle of what these 8 models signify is established in this form of the Model, their function was strengthened as in former times the possible value of this aspect of the Model has frequently been undervalued (Homayonfar, 2008).  This is apparent from the process of design employed for this form of the Model – this method employed the Fundamental Concepts as the base and indite for the rest. It was now the first time that a entirely reliable and direct connection was created amid each of the eight notions and each of the 32 benchmark areas, whereas keeping these 2 outlooks on Excellence separately.

Although the amount of concepts stays at eight and the naming looks relatively identical, a comprehensive interpretation of the description for each concept demonstrates the content has been improved considerably and signifies extremely well the elements we can discover back in firms that are worthy our admiration (Delghavi, 2007).   What did not transform is that the fundamental concepts are a exceptional and influential way to ‘define’ the position of being outstanding in a broad way.  Furthermore, the 8 concepts stay numberless; they have no sequence order, weight or significance.  Which of these 8 are the most vital to follow relies on the present state and particular environment a firm exists in and what it aims to turn into in the future, its determination. What did transform however considerably is the manner these 8 concepts are nowadays  visually incorporated with the two other elements, the eight notions are now visibly placed as the electrons  circling around a core with RADAR and the 9 benchmarks (or if one prefer it more – Satellites circling around the Globe) (EFQM 2010).

Table 1 -Fundamental Concepts

2003 Version 2010 Version Key shift in content
Results orientation Achieving Balanced Results Concentration is presently on developing the key set of outcomes requisite to observe development against the  mission, vision,  and strategy, allowing leaders to formulate effectual and appropriate decisions.
Customer Focus Adding Value for Customers Concentration is presently on plainly defining and communicating the  value proposition and vigorously  involving clients in the service and product  design
Leadership & Constancyof Purpose Leading with Vision,Inspiration & Integrity The concept is at present more  dynamic, concentrating on the capability of leaders to adjust, react and  gain thededication of all stakeholders to guarantee the ongoing success of the firm.
Management by Processes and Facts Managing by Processes The concentration is at present on how the processes are intended to convey the strategy, with end to end running past the “classic”  limits of a company.
People Development andInvolvement Succeeding through People The Concentration is presently on forming a balance amid the tactical needs of the firm and the  personalprospects and objectives of the people to achieve their obligation and involvements.
Continuous Learning,Innovation and Improvement Nurturing Creativity &Innovation The concept presently identifies the need to improve and relate with networks and involving all stakeholders as possible  sources of originality and invention.
Partnership Development Building Partnerships The concept has been extended to include partnerships  beyond the supply chain and recognises that these should be based on sustainable mutual benefits to succeed.
Corporate SocialResponsibility Taking Responsibility for a Sustainable Future The concept presently cenres on  vigorously taking responsibility for the business’s behaviour and activities and handling its effect on the broader community.

The Current Version of the EFQM Excellence Model

What transformed in the way the Model functions with results?

In this section, let us evaluate what has transformed in the Model to promote a better evaluation of the performance of a company. In this segment we define first the modifications in the 4 generic benchmarks of results a firm realizes, and then how the RADAR aspects were upgraded to allow better Feedback, Analysis, Learning and Action (Andersen, Lawrie & Shulver, 2003).

What transformed in the results benchmarks?

For the 3 stakeholders being the people, customers,  and the public a firm is working with and for, the identifying and the ‘stereo’ norm of having on one hand insights and on the other hand indicators of performance stay the same (Bencsik & Nagy, 2007). On the other hand, the guidance and the the definition of which actualities and figures to concentrate on were put into precisely the same structure and were enhanced. A clear change was formed from a list of illustrations of processes to a more generic depiction of the form of or the areas of performance to apply in signifying outstanding or excellent levels of performance (Civcisa, 2007).

For the Result benchmarks 6, 7 and 8 a sharper dissimilarity between the observation (a) and pointer (b) elements of performance is now developed. This strengthens that outstanding performance can simply be established or attained of both the  efficiency and effectiveness are attained (Acur and Englyst, 2006). Each of the b) principle areas deals with the effectiveness side, with performance pointers that display how much is achieved, whereas each a) side deals with the efficiency part or performed all this action certainly ‘created a difference’.

As an illustration for consumer outcomes on the b) side a firm could indicate how fit and how much negative and positive response was managed, and how quick, whereas on the a) side the effect of this response on the definite insights by Clients is perceptible (Rusjan, 2005). Without taking part in an academic paper here on this subject, it is currently evident in the criteria that efficiency data is placed in 6a, 7a and 8a, whereas effectiveness data is under 6b, 7b and 8b (Pouyan &. Karimanpoor, 2007). As a last observation on this subject let’s remark both a) and b) can have slugish or leading pointers, this version of the Model does not employ this element to assign a result in a) or b).  On the other hand, for the  Key Results benchmark (9) a noteworthy transformation was made in the definition and identification of the outcomes the shareholders or proprietors of a firm anticipate to be attained. It now basically refers to ‘attaining what is intended for in the approach’ (Go´mez-Go´mez, Martı´nez-Costa & Martı´nez-Lorente, 2011). Certainly, also for this ‘bottom line’ principle the description and direction for appropriate facts and figures was improved like it was for principle 6, 7 and 8.

Another could be less noticeable transformation at first sight is the overview now of the notion of giving priority to key outcomes. In the description for every of the results principles a particular part is committed to establish the relative significance or weight for every of the sets of data employed to present and comprehend one of the aspects of the performance, which connects into the necessity to make contrasts and determine goals for these ‘Key Results’. The virtual weighting of principles, these transformed and gets both Consumer and Key outcomes at the same significance (150 pts each), and Individuals and The public both at 100 pts. For principle 9, and currently also principle 8 there is a 50/50-percent share between the principle parts a) and b), whereas for the people and customer principles 6 and 6 the 75/25 share stays.

Changes affecting the way we look at specific RESULTS of an organisation

Here amongst the vital transformations of the 2010 version of the  EFQM Model was created by transforming the order and improving the aspects of RADAR relevant to each of the results principles.  For the study (such as during an evaluation for instance) of the performance a attains achieves in a particular field still  two key elements are employed, however, these  transformed in order. By placing the ‘relevance and usability’ of the outcomes first, and the popular performance elements of ‘targets, ‘trends’, ‘causes’ and ‘comparisons’ add, a balance between the examination of set of information itself and what may be perceived as patterns in this information has been recognized clearly and resolutely now (Gomez-Gomez, Martınez-Costa & Martınez-Lorente, 2011).

Foremost the analysis in agreement with the approach of the ‘scope & relevance’, ‘integrity’ and ‘segmentation’ of the information employed to comprehend and show the outcomes for a specific principle (6, 7, 8 or 9) is performed. Just when a vivid picture of what we employed to call ‘scope’ is decided upon, the level of performance may be evaluated.  Together then these 2 aspects help in measuring how strong the performance is or where noteworthy prospective to advance can be realized.The adjustments to the results segment of the RADAR imply that those measuring need to form a judgement, based on the data they are given, with regard to: The percentage of the outcomes being applicable, segmented and integer  for ‘Relevance and Usability’; and if the performance is  probable to be maintained into the future, founded on  evaluating the tendencies and targets, contrasts with other firms, the understanding of the “reason & effect” connections, modifications in the operating setting, etc.

What transformed in the way the Model functions with enablers?

In general, the structuring into 5 enabler principles was kept as an easy way to divide into generally approved groups of tactics a firm can transform when targeting to advance its size and future performance.  Whereas on the well-known 9 boxed picture all main words were kept (with the exclusion of ‘Policy’), the invitation from ‘Processes’ into  ‘Procedures, Services’ and Commofity highlights the worldwide personality of the EFOM Model (Go´mez-Go´mez, Martı´nez-Costa & Martı´nez-Lorente, 2011).  It is relevant for any form of industry, size or development.  In addition, it stops some explanations of the principles that ‘forget’ the center of any firm  that lies into the plan and provision of their collection of services, or products , the contribution for Customers employed to fulfil their task.

Another could be less apparent transformation at first sight is the extension of the Response arrow underneath the 9 boxes with  ‘Creativity’. In addition, the ‘Learning’ and ‘Innovation’ as the preferred outcome of comprehending how enablers incorporate with outcomes and vice versa, this highlights inventiveness as an factor element influencing accomplishment, it illustrates the dynamic attribute of the EFQM Model.

What changed in the enabler criteria?

In agreement, 24 benchmark araes are still employed to structure an organized and comprehensive outlook on the dimensions and value of all the methodologies a fim has. There are 24 areas a firm may transform in the light of a continued and improved future performance.  Such as in the 2003 version, every benchmark has 5 criterion areas, apart from criterion 2 on Strategy which has 4 areas. Moreover the alterations shortened below per benchmark part, numerous attention was offered in this revision to bring the amount of management points to a standard amid 5 and 6. This way every point defines now more evidently  a particular subject that may produce valuable topics for discussion. Furthermore, a rationality analysis on these management points to define just realistic and modern practices of management was performed, giving rise to a general decrease (from >160 to 132) and a more concentrated content (Go´mez-Go´mez, Martı´nez-Costa & Martı´nez-Lorente, 2011). Even though the old expression ‘may include’ is currently methodically substituted by ‘Actually, Excellent firms:’, these management points must NOT be regarded as a worksheet or a list of compulsory practices or tactics, they act as a generic list of practices from actual life circumstances in a way to describe a particular criterion-part.  Perhaps the most influential incorporation was attained by re-cycling a number of or all of the shot points from the Fundamental Concepts into every benchmark field (Gomez-Gomez, Martınez-Costa & Martınez-Lorente, 2011).

Changes affecting the way we look at a specific enabler of an organisation

Even though the modifications here are less noticeable at first sight matched to the ones for the results aspects of RADAR, they as well demand cautious attention when adjusting to the 2010 version. Although for instance the term ‘review’ is substituted by the name ‘refine’, as well what is being ‘Assessed & Refined’ is currently defined more evidently in the novel picture. In general, one may view each of the RADAR letters have this form of development; this is mirrored as well in the novel picture for RADAR that well demonstrates now the ‘whole circle’ of the 4 areas of the RADAR rationality (Go´mez-Go´mez, Martı´nez-Costa & Martı´nez-Lorente, 2011). The 3 aspects and how these are made up of the 7 qualities remains mainly similar as a structure and the technique to come to an agreement of either a recording level or to enable an intensive exchange of insights for one of the 24 enabler benchmarks.  On the other hand, a number of trivial changes in wording may have a substantial adjustment in the examination of an enabler, such as the ‘timeliness’ (or speed) of positioning.In conclusion, the medium for scoring objective is now more constantly employing the standard of ‘evidence’ to arrive at an agreement for each of the aspects and/or the subsection of qualities.  As a good description in the appendix is not yet obtainable, this generates a need for more management for the applied meaning of ‘evidence’, this for instance during a actual external evaluation.


Acur, N. and Englyst, L. (2006), “Assessment of strategy formulation: how to ensure quality in process and outcome”, International Journal of Operations & Production Management, Vol. 26 No. 1, pp. 69-91.

Adebanjo, D. (2001), “TQM and business excellence: is there really a conflict?” Measuring Business Excellence, Vol. 5, pp. 37-40.

Ahmed, A.M., Yang, J.B. and Dale, B.G. (2003), “Self-assessment methodology: the route to business excellence”, Quality Management Journal, Vol. 10, pp. 43-57.

Andersen, H., Lawrie, G., & Shulver, M. (2003). The balanced scorecard vs. the EFQM business excellence model, 2GC Working Paper, 1-14.

Bencsik, A., & Nagy, Z. (2007). Practice-Related Problems and Solutions on the Field of Improving Worker Satisfaction. Problems & Perspectives in Management, (3), 58-68.

Calvo-Mora, A., Leal, A., & Roldán, J. L. (2006). Using enablers of the EFQM model to manage institutions of higher education. Quality Assurance in Education, 14(2), 99-122.

Ciavolino, E., & Dahlgaard, J.J. (2009). Simultaneous equation model based on the generalized maximum entropy for studying the effect of management factors on enterprise performance. Journal of Applied Statistics, 36(7), 801–815.

Civcisa, G. (2007). A Comparison of Terms Leadership and Management within Quality Systems. Economics & Management, 987-992.

Collier, J.E., & Bienstock, C.C. (2006). Measuring service quality in e-retailing. Journal of Service Research, 8(3), 260–275.

Conti, T. (2007), “A history and review of the European Quality Award model”, The TQM Magazine, Vol. 19, pp. 112-28.

Dahlgaard-Park, S.M. (2008). Reviewing the European excellence model from a management control view. The TQM Journal, 20(2), 98–119.

Davies, J., Douglas, A., & Douglas, J. (2007). The effect of academic culture on the implementation of the EFQM Excellence Model in UK universities. Quality Assurance in Education, 15(4), 382-401.

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Jacobs, B., & Suckling, S. (2007). Assessing customer focus using the EFQM Excellence Model: a local government case. The TQM Magazine, 19(4), 368-378.

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Mavroidis, V., Toliopoulou, S., & Agoritsas, C. (2007). A comparative analysis and review of national quality awards in Europe Development of critical success factors. The TQM Magazine, 19(5), 454-467.

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Did you find any useful knowledge relating to the EFQM model in this post? What are the key facts that grabbed your attention? Let us know in the comments. Thank you.

HRM Essay HR Performance Issues and Motivation

HR Performance Issues and Motivation

“Do not discipline employees who are unable to perform a task. Discipline those who are able to perform a task, but are unwilling or unmotivated to succeed” – SANS Leadership and Management Competencies course book (Bong, 2014)

Understanding the motivations of employees in order to identify and correct performance issues is fundamental to effective Human Resource management.

Because of this, there is a wealth of research related to understanding the underlying causes and effects of good and bad employee performance. The goal is to figure out where the problem originates and to develop ways to correct those problems.

Motivation theories are abundant but all originate from the experts considered to be fathers of motivation theory; Maslow and Herzberg. Early motivation theorists like Abraham Maslow and Frederick Hertzberg, laid the foundation upon which modern motivation theory is built. Their work has guided research in this area of study since the late 1950’s and early 60’s (Hendriks, 1999).

Yet as the workplace has evolved and diversified over the last several decades, so have the perspectives on motivation theory. The foundation has remained the same, but the perspectives are changing and elaborating what was original hypothesized by Maslow and Herzberg.

Take for instance Maslow’s need hierarchy theory. Maslow theorized that human motivation is driven by five needs: the need for shelter or safety, food and water, love and respect, recognition and fulfillment. These needs are organized in a hierarchy based on basic needs and “higher-order” needs; food and shelter are basic needs, recognition, love, fulfillment and respect are higher-order needs (Hendriks, 1999).

HRM Dissertation Topics HRM Essay HR Performance Issues and Motivation

HRM Dissertation Topics

Hertzberg, on the other hand, proposes just two categories in his motivational theory. Herzberg concludes that people are motivated by either extrinsic or intrinsic motives (Gagne & Deci, 2005). Mainly, this theory says that either a person is motivated because they like what they are doing, or, they are motivated based on the expectation that they will be rewarded in some way for the work they are doing.

Both theories suggest that employee satisfaction is important to motivation and that in order to keep employees motivated, their needs must continue to be satisfied. Maslow’s theory falls short of prescriptive answers to questions of employee motivation, whereas Hertzberg suggests that employers can maintain employee satisfaction by considering the intrinsic and extrinsic motives of their employees when adopting rewards incentives (Davoren, 2013).

While Maslow and Herzberg’s theories in their broader applications have become less applicable as the workforce and workplace has changed, the fundamental basis of these theories is still sound and relevant to current motivational theory.

Among some of the more recent expansions on motivation theory include the Commitment and Necessary Effort (CANE) motivation Model, Self-Determination Theory (SDT) and the Cognitive Evaluation Theory (CET). Motivation theory has been applied to understanding motivation in many different areas, including in sports, academic achievement and business. These theories applied in business can help solve HR performance issues and improve employee motivation.

The CANE motivation model tries to incorporate the many different aspects of motivation theory. It takes the best approaches of modern research, and combines them into one all-encompassing theory that can be used to understand the motivations of professionals with knowledge based jobs (Clark, 1998). These types of jobs, white collar jobs that require some expertise and professional knowledge, usually involve incentives for attracting highly educated professionals. Understanding the interaction of rewards systems and motivators that guide those professionals is very important for HR recruitment.

Clark argues that some strategies in the area of organizational development overestimate the effect that employee incentives like contests and performance recognition have on employee motivation (Clark, 1998). These strategies are widely used as a means to increase worker productivity. However, some research studies have suggested that studies that show that these strategies work to improve motivation are “fatally flawed” and that these strategies may not have as much power to influence employee behavior as previously thought (Clark, 1998).

The CANE Model says that motivation is two-pronged and intertwined. First, motivation is based on commitment to a goal. The second is the amount of effort that goes into achieving that goal (Clark, 1998). If an employee is motivated by a commitment to achieving their goal, he or she will remain focused on that goal even if they are tempted to focus on other less important goals. Once that level of commitment is achieved, the effort needed to achieve the goal, or the “Necessary Effort”, will sustain the motivation to complete the task. If the task is perceived as important, then the necessary effort to complete the task is tied to its importance.

Though Maslow and Herzberg’s theories are becoming outdated, the CANE Model falls short of unifying motivation theory into one model because of its limitations in broad application. It is too broad to explain the nuance effects that culture and diversity have on individual definitions of commitment, effectiveness and control (Clark, 1998). Not to mention that broad solutions to problems of motivation in the workplace can only be identified by this model; applying those solutions to specific job performances is more difficult and requires more specialized solutions.

Self-Determination Theory has evolved not only through theoretical analysis but has also held up in empirical studies. SDT relies heavily on needs based theory, but the needs are more psychological in nature. Satisfying these psychological needs, according to Self-Determination Theory, motivates behavior and also elucidates the processes that direct action (Gagne’ & Deci, 2005).

In this theory, by determining underlying psychological needs, employers can appeal to the intrinsic motivations of employees to correct performance issues and to increase motivation. Intrinsic motivation is driven by internal satisfaction. This involves the motivation that comes from being engaged in an activity that brings personal satisfaction. It is unrelated to any material reward. An employee is motivated by a psychological need to be challenged or to feel a sense of accomplishment (Ryan & Deci, 2000).

Since all behaviors are at their core driven psychologically, research in the area of Self-Determination Theory has tried to discern which of these psychological needs are being fulfilled by intrinsic motivation.   What has been concluded is that intrinsic motivation can be encouraged and facilitated by environment since intrinsic motivation is not caused but rather “catalyzed” into action when the conditions are right (Ryan & Deci, 2000).”

Lastly, Cognitive Evaluation Theory (CET) which is one aspect of Self-Determination Theory finds that intrinsic motivation can be produced by offering encouragement and feedback that satisfies a sense of accomplishment and competence in employees (Ryan & Deci, 2000). This can be done using rewards for achievement; a bonus for timely turnaround or for reaching a sales goal. But employees can also be intrinsically motivated by words of encouragement that satisfy the same psychological need for feeling competent; a pat on the back or a ‘good job’ goes a long way.

Work performance is directly affected by job satisfaction and motivation. The work performance is the outcome. When working from the intrinsic motivation model, appealing to the internal psychological needs of employees can increase job satisfaction, which in turn sparks motivation and finally produces an improved work performance. Understanding the means to increase job satisfaction is the crux of resolving performance issues and positively motivating employees.

Solutions to performance issues should be evaluated at all levels. Just because an employee is not performing satisfactorily doesn’t mean that the problem lies with the employee. Sometimes, the problem is in management style or a lack of resources to do the job right. These things can exacerbate poor performances when the employee feels that they are not being given the proper tools to complete their job or receiving the necessary feedback to do the job correctly (Lister, 2012). By simply rewarding exceptional behavior or providing constructive feedback for poor performance, an employer can improve job satisfaction and thereby resolve performance issues.

Therefore, assessing the needs of the group can allow employers to predict how those assessments will effect “job satisfaction and work outcome” (Gagne & Deci, 2005). Also, evaluating the types of needs that are being satisfied can affect job satisfaction and outcome. Herzberg presents two different factors in employee motivation. There are hygiene factors, the more superficial needs, and the motivation factors, which include more intrinsic motives.

Among hygiene factors that Herzberg identified are things like salary and work conditions. Motivation factors on the other hand, include things like personal achievement, opportunities for promotion, and a sense of responsibility (Hendriks, 1999). These factors have a direct and indirect effect on job satisfaction and performance. Hygiene factors according to Herzberg’s theory mostly affect motivation in a negative way; by the very absence of things like good working conditions and status, job satisfaction is decreased (Hendriks, 1999).

Consider a garbage man whose job performance has gone down. His work has slowed and he seems clearly dissatisfied with his job. Upon evaluation, HR has discovered that the employee is dissatisfied with his salary. He has been on the job for several years without promotion and without pay increases. According to both Maslow and Herzberg’s theories of motivation, his job dissatisfaction is rooted in one of his intrinsic and basic needs not being met; salary, food and shelter.

But further analysis supports Herzberg’s theory that there is a second prong to this employee’s dissatisfaction. He has not received a promotion, which is more than mere dissatisfaction with his salary; it implies that he is dissatisfied because he is not receiving the recognition that he feels that he deserves for the time and commitment he has given to his employer. By not relating to the psychological need for recognition, which has its own intrinsic reward for the employee, the employer is partly to blame for the performance issue and lack of motivation.

To resolve the problem, the employer must first identify the causes of the problem and then seek to improve job satisfaction through proper motivation. In this scenario, showing that management cares about his input and recognizes his many years of contribution by giving him a raise or a new promotion or job title, can help to resolve those performance issues by appealing to the intrinsic and extrinsic motivations of the employee.

Work Cited

Bong, K. (2014 ) Management Laboratory. Retrieved from Sans Technology Institute:

Clark, R. E. (1998). Motivating Performance: Part 1 – Diagnosing and Solving Motivation Problems. Performance Improvement. Los Angeles: University of Southern California.

Davoren, J. (2013) What Types of Rewards Would Motivate Workers in an Organization?

Gagne’, M., & Deci, E. L. (2005). Self-determination theory and work. Journal of Organizational Behavior, 331-362.

Hendriks, P. (1999). Why Share Knowledge? The Influence of ICT on the Motivation for Knowledge Sharing. Knowledge and Process Management , 91-100.

Lister, J. (2012). Examples of a Motivational Issue in an Organization.

Pintrich, P. R. (2000). An Achievement Goal Theory Perspective on Issues in Motivation Terminology, Theory, and Research. Contemporary Educational Psychology, 92-104.

Ryan, R. M., & Deci, E. L. (2000). Intrinsic and Extrinsic Motivations: Classic Definitions and New Directions. Contemporary Educational Psychology, 54-67.

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Economics Essay Asset Price Bubbles

Central Bank Response to Asset Price Bubbles

Recent research in the area of macroeconomics has been focused on trying to identify the causes of the 2007 – 2008 global financial crisis and determining best central bank monetary policies to prevent future crises. A debate that has for the last few decades been settled is now being revived; “lean” versus “clean” handling of asset Price bubbles.

The prevailing consensus of central bank monetary policy has followed the “Greenspan Doctrine” established in the 1970’s for dealing with asset price bubbles. Alan Greenspan, who was the chairman of the U.S. Federal Reserve from 1987 to 2006, believed that cleaning up after an asset bubble burst was less costly and damaging to the economy than allowing central banks to burst bubbles; attempting to “Lean Against The Wind (LATW) (Wadhwani, 2008)” on rising asset bubbles to prevent a bigger burst. This perspective was widely accepted by central banks around the world.

There are mainly four arguments against LATW monetary policy. First, bubbles are difficult to predict; the market would likely detect asset bubbles before regulators would and the market would be able to orderly deflate those bubbles through natural market processes. Secondly, there is evidence that raising interest rates (a central bank strategy for determent) doesn’t reduce the inflation of bubbles since investors are likely to take the risk on high interest rate assets in the midst of an asset bubble based on the expectation of high returns on those assets. Third, the Fed is incapable of isolating dangerous asset bubbles from normal rising asset prices; monetary policy could ham-handedly attempt to prevent asset bubbles but have the effect of harming normal asset prices. Lastly, proactively bursting asset bubbles could make the burst harsher than if the bubble were allowed to burst on its own.

Those cautions have kept the Greenspan Doctrine in place since the late 80’s, but in the aftermath of the 2007 – 2008 crisis, many economists are beginning to wonder if the “lean” strategy may actually be cleaner than the Greenspan Doctrine. Not to mention, the Greenspan Doctrine assumed that bubbles could not be as destructive as the most recent housing bubble. Could central banks develop monetary policy strategies that are more precise in detecting and deterring asset bubbles?

Combating Price Bubbles

Clearly, setting aside the lean versus clean debate, there are standard monetary principles that have not always been followed or enforced. Namely, regulators should demand more transparent disclosure, require more capital and liquidity, apply stricter monitoring of risk, stronger enforcement of compliance, and more accountability for regulators charged with overseeing the financial stability of markets. These policies need to be either reinstated and or reinforced to help stabilize the markets during asset bubbles or otherwise.

But for central banks to devise better strategies for combating bubble driven asset pricing, it is necessary to rethink the Greenspan Doctrine considering how ill-prepared the central banks were for dealing with the crisis in the financial markets. Or, perhaps both strategies have a time and place in setting monetary policy. Frederic Mishkin argues that there is a way to apply the LATW strategy to the financial markets if first central banks understand that there are two different types of bubble driven assets and each one requires a different monetary strategy.

Asset-pricing bubbles are divided into “credit bubbles” – like the housing bubble – and “irrational exuberance bubbles” – like the dot-com bubble (Mishkin, 2011).” He argues that because credit bubbles are so destructive to the economy and so hard to clean up that it would be appropriate for central banks to focus their monetary policies on predicting and deflating credit bubbles before they grow too large. Credit bubbles are linked to the financial markets so intricately that whenever there is a credit bubble like the one just experienced, its bursting usually leaves in its wake a deep recession, a financial crisis and a long period of slow growth and high unemployment.

Unlike normal recessions, there was no sharp recovery after the last three big asset bubbles. Because it is so hard to recover from credit bubbles, trying to head them off and prevent them is necessary. The LATW can be applied and should factor in to central bank policy because credit bubbles are much easier to identify. Each credit bubble shares certain symptoms that could alert regulators to the problem: lower lending standards, premiums on risk become abnormally low and credit is being extended at a much faster and higher rate (Mishkin, 2011).

Asset Price Bubble Dissertation 300x200 Economics Essay Asset Price Bubbles

Asset Price Bubble Dissertation

The central bank targets these credit bubbles by slowly raising interest rates to discourage excessive risk taking in the credit markets. By inflating the interest rates on these assets, central banks can tamp down exuberance as well as spark growth in a slowing economy (The Financial Times LTD, 2014). This requires central banks to turn their focus more sharply and aggressively towards monitoring and reacting to irregularities in asset pricing more than the traditional singular focus on controlling inflation (Wadhwani, 2008) (Gambacorta & Signoretti, 2013). Lastly, this type of proactive monetary policy could have the effect of reducing moral hazard through proactive responses to booms as opposed to the reactionary approach to booms after the bust; this could discourage the reckless risk taking that typifies credit bubbles (The Financial Times LTD, 2014).

While economists are still debating the merits of the LATW strategy of curtailing asset price bubbles, it is without question that the traditional standards of monetary oversight have been too lax over recent decades and reinforcing those policies will go a long way to restoring healthy checks and balances to the world market. However, it has also become very clear that these boom and bust cycles threaten financial stability in such a way that central banks can no longer ignore fluctuations in credit markets. While focusing on controlling inflation is still a target for central bank monetary policy, central banks must now focus efforts on developing Bubble Policies (Rudebusch, 2005) that can prevent or deflate asset price bubbles before they can do real damage to the economy


Brittan, S., Meltzer, A. H., Wolf, M., Smaghi, L. B., Schlesinger, H., Mayer, M. Frankel, J. (2009, Fall). Should, or Can, Central Banks Target Asset Prices? A Symposium of Views

Gambacorta, L., & Signoretti, F. M. (2013, July). Should monetary policy lean against the wind? – an analysis based on a DSGE model with banking.

Mishkin, F. S. (2011). How Should Central Banks Respond to Asset Price Bubbles? The ‘Lean’ versus ‘Clean’ Debate After the GFC. Reserve Bank of Australia June Bulletin, 59-67.

Rudebusch, G. D. (2005, August 5). Monetary Policy and Asset Price Bubbles.

The Financial Times LTD. (2014, April 16). Definition of leaning against the wind. Retrieved from Financial Times Lexicon: http://lexicon.ft.com/term?term=leaning-against-the-wind

Wadhwani, S. (2008). Should Monetary Policy Respond to Asset Price Bubbles? Revisiting the Debate. National Institute Economic Review, 25 – 34.

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Law Essay Jurisprudential Positivists

Jurisprudential Positivists

There is only one doctrine which has a unique and different association with legal positivism. The name of this doctrine is separation of law and morals and ethical values. The principal aim of jurisprudential positivists has been to establish that the essential properties of law do not include moral bearings. Positivism has a different approach as compared to classical natural law. At the same time, it is completely different from the modern approaches, which were introduced by Lon Fuller and Ronald Dworkin. Positivists strongly emphasize on removing the connection between law and morality. H.L.A Hart is the author of ‘Positivism and the Separation of Law and Moral”. In this article, he contended that positivism is a philosophy and concept which is based on nature of law. Furthermore, he insisted that positivism does not tell how lawyers should reason, judges should decide or citizens should act. Hart defended Jeremy Bentham and John Austin who he took as his main predecessors, the insistence on the need of essential and compulsory link between law and morality.Legal positivism indeed involves nothing more than ‘the contention that there is no necessary connection between law and morality.’ Therefore, Hart settles for a single core positivist legal thought that ‘it is no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so.’Many other philosophers, encouraged by Hart, consider that concept denies the essential and needed link between law and morality. Jules Coleman does not hesitate at all in ascribing this legal positivism thesis. This is perhaps the prevailing view of legal positivists.

During the past decades, this prevailing view has come into questions. It has been regarded as one-dimensional and incorrect. It has been criticised because it conceals the real nature of law and its source of origin in social life. Others argue that it has deceptively misled and distorted law in practical sphere. John Gardner, Hart’s first positivist successor in the Oxford Chair of Jurisprudence, has asserts that the separability thesis is the propagation of a myth. He contends it to be ‘absurd and no legal philosopher of note has even endorsed it.’ Even some estimable positivists such as Joseph Raz and his followers have interrogated the significance and meaning and the credibility of the persistence on the separation of laws and moral values. Other positivists are also in doubts of such an insistence as a key component of positivist outlook.

This report will evaluate and examine the most prominent lines of argument against the traditional image of the orientation of legal positivism, and therefore aims to counter the critiques of the separability thesis. It should be noted that the concept of important association and link is open to analysis and understanding, and not all ‘important’ relations between laws and moral values are in a clash with the legal positivism; in fact, any sensible person will accept that there are countless similarities between law and morality. In determining this effectively, it is essential to discuss separation of law and morality in terms of multiplicity of thesis. The discussion will maintain that the criticisms that have marshalled on the separability thesis fail in casting doubts on its significance and sustainability. It will then be proven that the challenges that have been mounted against it are unjustifiable. Therefore this essay is divided into four parts. It will first discuss the positivist tradition and outline its criticisms. Secondly, it will assess the separability thesis, particularly on Hart’s challenges on the thesis. The third part of the essay will defend the separability thesis whereas the final part is an evaluation of the positivist’s view on the thesis.

The Positivist Tradition – Heyday of its Success

Positivists believe that an independent science of law compels that it should be defined and recognized in an ethically unbiased and impartial way. They emphasise that law is man-made, or ‘posited’, by the legislature. Positivists hold that until a duly enacted law is changed, it remains law, and shall be obeyed. Natural law thinkers however, define law on basis of morality and ethical values. They deny the compulsion and requirement to abide by the law if it is not moral by appealing to moral or religious principles.

During the late eighteen century, the main philosophers in England who thought and analyzed the legal and social problems of the society as well as became the pioneers of reforms were Bentham and Austin. They persistently insisted on the requirement to differentiate strongly and evidently on the law as it should be and denounced the ideals of natural law thinkers, asserting that the natural law theory blurred this distinction.Austin concentrated on the basic ideals and principles of morality and asserted that they were commands of God, where utility was defined as the ‘index’ and that there was the tangible conventional and established ‘positive’ morality. On basis of principles of utility, Bentham argued on this difference. Both thinkers insisted that this will assist in identifying and understanding the issues created by laws, which are morally wrong. At the same time, it would be beneficial in understanding the particular nature and quality of the legal authority.

Although Utilitarian concentrated on separation of law and morality, it did not reject the ‘the intersection of law and morals’. Historically, the growth and expansion of the legal structure has been extremely controlled by moral and ethical values; likewise, moral principles and values have been controlled by law, so that in many ways, there is a strong relation between legal bindings and moral values. It is difficult to trace the causal link, but Bentham and Austin were definitely ready to admit its existence. Bentham and his disciples did not deny that there is a possibility that moral values can enter the legal system and may become part of it by explicit legal provisions, or that system maybe forced to make a decision on basis of morality and ethical values. Austin has discussed these ‘frequent coincidence’ in which positivism and morality are seen together and recognized the perplexity and uncertainty on the objective nature of law. He differed from Bentham in the thought. He asserted that autonomous and independent law-making authority did not have the force of law. He had recognized and identified that a law might confer a representative, who would have legislative power and may have the authority to impose restriction on its restrictions on its exercise based on moral principles. In fact, both of them asserted that if a rule defies the principles and ideals of morality, then it is not the decree or statute of the law. Similarly, if the decree was ethically required, then it was the statute of the law.

This straightforward and uncomplicated principle was found jurisprudence of England in the nineteenth century after Austin has proposed it. Lawyers were able to achieve new clarity when they understood the utilitarian concept of separation of law and morals. Sheldon Amos commented that Austin ‘have delivered the law from the dead body of morality that still clung to it’; and even Sir Henry Maine, who always critically analyzed Austin, did not cast any doubts on this part of doctrine.

A Critique of Utilitarian Theory

After the discussion of legal positivism in the section heyday of success, the theory has emerged to show support for confusing massive amount of different sins. One of it, real or alleged, is on the separation of law as it is and as it ought to be as insisted by Austin and Bentham. This insistence had concealed the fact that at some points there is an essential point of contract between the two. Besides, an examination of how the disputed meanings in law are interpreted and applied in concrete cases will revealed an important connection between law and morality. This connection emerges again if in a broader view, we consider whether a system of rules that altogether failed to satisfy a moral minimum could be a legal system.

Another major complexity was that Utilitarian had combined the persistence differentiating between law and morals through two different and popular doctrines, one doctrine concentrated on the studying the law analytically, whereas the other asserted that the law is considered to be basic and fundamental decree. These are two essential concepts from utilitarian perspective. They are nevertheless three distinctive doctrines because it is possible while endorsing the first two doctrines and think it wrong to understand law as essentially a command. It is utterly baffling that deceptiveness and falseness one showed and proved that the others were untrue and fabricated; moreover, it failed to distinguish three different and divergent doctrines existed from this perspective. Austin attempted to explain moral judgments in terms of vital utterances to reverberate his ambitious command theory; he stated that it was ‘the key to the sciences of jurisprudence of morals’. The command theory nonetheless seems quite overwhelming and remarkable because it is simple and still not sufficient even if it is an attempt to recognize and discover the essence of law as well as that of morals.

Utilitarian believed that the essence and real meaning of the legal structure and system could be conveyed if the command theory was accompanied by obedience. This would have made law a command for the uncommanded commanders of society. This account is definitely threadbare and inadequate because it does not consider the connection and link between the fundamentals of morality and law. Utilitarian scheme also does not consider the study and investigation of what it means for society and its representatives to approve such rules. Such omissions especially the collapse to contend on the essential and significant association between morals and law is open for debate.

The Continental criticisms on the command theory had always alive to the complexity of the idea of a subjective right. John W. Salmond commented that the command theory analysis bring the notion of a right to no place. Similarly, Axel Hagerstrom asserted that the notion of an individual’s right was really inexplicable if laws were merely commands; he contended that commands are something which either we obey or otherwise; they do not confer rights. In fact, rules that confer rights are not necessarily moral rules or agree with them as distinguished from command. In several spheres rights exist, which are regulated by rules. However, they do not have any relevancy to query of justice or what law should not be, nor it requires discussing that rights have to be just. rights be just. This is affirmed by what as Austin put it, ‘the existence of law is one thing; “its demerit or demerit is another”.’ Therefore, it is dependent on the distribution of rights and how they are implemented in the social sphere of life.

The separability thesis is however, not to be identified with Austin’s claim that survival and continuation of law is dependent on its sources and not on qualities or virtues. The sources thesis although inspired by Austin’s tag, it only asserts laws do not exist on basis of moral values and ethical principles. Hart nonetheless is so much interested on the relations between morality and the content, form, and functions of law; rather than between morality and law’s existence conditions. He concentrates on what is the essence of positivism, for instance, the link between law and economics. Therefore, when he says ‘no necessary connection,’ he really means it.

The Separability Thesis

Surely, by this Hart did not mean that law and morality should be kept apart and that law and morality are separated. Likewise, law should live up to ideals set by morality. Hart’s victory was perhaps in promoting ‘positivism and separation of law and morals’ to the stage that individuals, who are unaware of jurisprudence, are ware that legal positivists belong to the separability sphere.

The separability thesis is simply the contention that ‘there is no necessary connection between law and morality’. A ‘connection’ means any sort of relation to social power, social rules, and morality. The term ‘morality’ is more complex as it includes valid and positive morality. The thesis however, only applies to positive morality. It therefore rejects the ‘natural law’ perspective that morality and law should not be separate and it completely rejects the outlooks of those ‘consensus sociologists’ who believe that morality and legal system have to be incorporated together.

Leslie Green suggests that the only complicated and difficult concept is that of ‘necessary’ connection. Hart’s interpretation on ‘necessity’ is too large and liberal. He thinks that an important association is one which cannot be unsuccessful to grasp, but does not have any firmer commitment to the nature of necessity in the social studies. In particular, he does not take an initiative to contend on the issues of what is not important in terms of nature and society. Of course, the content of law is best explained with reference to moral ideas; and perhaps a legal system could not flourish unless it is just. This means that law should confront with morality and normally has moral value. By the separability thesis, all of these are counted as contingent only; neither are they impossible nor necessary. Hart thus constantly asserts that if the claim is on ‘the connection between law and morals’ intends we may accept it, but it is not a necessary connection.

LAW ESSAYS Law Essay Jurisprudential Positivists


The thesis is considered to be interpreted in order to bear any conditional association between law and moral values, only if which it is plausible that the association may not be workable. It is nevertheless most problematic because confusion exists on its exact meaning. In general, most legal positivists maintain that the minimum content of the separability thesis consists in the claim that determining what the law is does not necessarily, or conceptually, depend on moral or other evaluative considerations about what the law ought to be in the relevant circumstances. The main controversy is about its more extended reach. Therewith, all these confusions and uncertainties form the major part of the criticisms surrounding legal positivism.

Missed Connections

Legal positivism today is classified as ‘sloppy’, ‘confused’ and ‘misrepresented’, yet position among positivists largely differ which put it as its most vulnerable. Gardner, a staunch and perceptive defender of Joseph Raz observes that ‘legal positivists have often taken great pains to assert some of the connections between law and morality,’ and he declares that there are many other necessary connections between law and morality, namely that each of consists of valid norms.

Gardner rebukes Hart for formulating the ‘no necessary connection’ in a heavy-handed manner, Hart only ‘seemed to endorse it’ by ‘hint and emphasis.’ Gardner maintains that Hart’s ‘apparent’ endorsement must ‘be read as a bungled preliminary attempt to formulate and defend a much narrower version of legal positivism, which, like Bentham and Austin, he really did endorse.’ He argued that the lawful legality of a given standard and the formation of it as element of the law of that system are depending on its foundations, not its qualities.This thought however, does not entail that validity is morally unmeritorious. Gardner then claims Bentham and Hart had ‘regarded valid laws as necessarily endowed with some moral value just in virtue of being valid laws’.

While Gardner is correct about Bentham and Austin, he seems to be wrong about Hart. Gardner assumes that Hart rejected the separability thesis in his 1958 manifesto by claiming that ‘every law necessarily shows a redeeming moral merit, a dash of justice that comes of the mere fact that a law is a general norm that would have like case treated alike’.However, Hart was just stating the legal requirement of ‘treat like cases alike’ as one essential element of justice, he was aware that this is ‘justice in the administration of the law, not justice of the law’. Therefore, while the ‘treat like cases alike’ requirement is a necessary element of justice and that it is not sufficient; it proves that there mandatory association or link between law and morality.

Indeed in The Concept of Law, Hart highlighted the moral benefits in favouring the separability thesis, the benefits of seeing that law has no inherent or intrinsic moral value because it does not considers any moral or political issues and it completely independent from evaluations, which made on basis of politics or morality. For Hart, this is certainly an important set of reasons to adopt the positivist concept of law. Therewith, Hart concludes that one that is confronted by a morally bad law is to let individual conscience decide, unhampered by any thought that there is a necessary connection between law and morality.

It is perhaps worth noting that Hart, with Bentham’s thought that certain laws might be too evil to be obeyed, sought to enlist Bentham in exactly this version of the separability thesis. Gardner is nevertheless right that Bentham should not be so enlisted. Hart called Bentham’s ‘general recipe for life under the government of laws’ ‘to obey punctually; to censure freely’, suggest a universal responsibility to adhere to the law. Bentham certainly argued for a association between legal order and political morality, which is a completely different approach as taken by Hart. The real importance of Hart following Bentham’s ‘recipe’ is that one has a general moral obligation to obey the law even he disapproves it, he is nonetheless obliged to criticise the law freely and the institution that produce it, so that the law can be effective reformed. Bentham stressed on the general moral duty to obey the law even there is no freedom, and this duty is to become stronger in a democratic government with freedom, as he opined, obey punctually but criticise freely, it is ‘the motto of the good citizen’.

We should therefore recognise Hart’s ‘no necessary connections’ was intended in the same spirit as his repeated invocation of the phrase ‘Separation of Law and Morals’ a shorthand for an array of theses with which he denied the important and essential link between moral values and the legal bindings.Hart went beyond the affirmation of the two Utilitarian’s distinction between the laws as it is and the law is it to be and contested many supposedly necessary connections between law and morality. For example, he persistently insisted the motivations underlying officials’ compliance with ruleof law requirements can credibly be prudent rather than moral. He likewise challenged Fuller’s contention that the basic formal characteristics of legal norms and legal systems constitute an inner morality of law.

Hart’s Challenges to Ineluctable Law Morality Connections

As a pioneer of legal positivist insistence on the separability thesis, Hart made apparent from the beginning that he was advancing more than a single thesis. Hart defended positivism in the beginning of his essay to which Gardner principally refers. He argued that it is time to recognise that ‘…there is a “point of intersection between law and morals,” or that what is and what ought to be are somehow indissolubly fused or inseparable, though the positivists denied it.’ He queried the meaning of these phrases or rather which of the many possible meanings that they could mean. Hart also asked ‘which of them do positivists deny and why is it ostensibly wrong to do so?’

This stage of his defense is collaborated with the approach he pursued in his discussion of law and morality in the ninth chapter of The Concept of Law, he indicated that

‘…there is some further way in which law must conform to morals… Many such assertions either fail to make clear the sense in which the connexion between law and morals is alleged to be necessary; or upon examination they turn out to mean something which is both true and important, but which it is most confusing to present as a necessary connexion between law and morals.’

Hart’s positivist confrontations with natural law thinking therefore were not confined to a single set of issues, but on a variety of fronts in order to expose the un-sustainability of a medley of purportedly necessary connections between law and morality. He dangled phrases such as ‘no necessary connections’ as sweeping summations of the diverse points which positivists make in reply to their opponents. Hart hardly intended those phrases to be interpreted as an outrageous rejection of the important relations between the morality and law, which are willing recognised by any jurisprudential positivists.

Alertness to the varieties of legal positivists’ replies to their enemy is then, the key to grasping the role of some of Hart’s sloganeering phrases that are harmless and doubtlessly valuable as unrefined summations of those replies. To be sure, Hart submitted that the status of moral soundness as a necessary condition for legal validity ‘may still be illuminatingly described as the issue between legal positivism and natural law, though each of these titles has come to be used for a range of different theses about law and morals.’ He further suggested that legal positivism shall be taken to mean ‘the simple connection that it is no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so.’ Hart singled out this matter as the prime point of controversy, however he was merely highlighting those legal positivists and natural law thinkers had indeed traditionally crossed swords on precisely that point. Later in his works, very much of the challenges launched by Hart were chiefly in response to his critics such as Fuller, Dworkin and Finnis. He reemphasised that he as a legal positivist argued many ‘different forms of the claim that there is a connection between law and morality which are compatible with the distinction between law as it is and as it ought to be.’

Gardner chooses for a much more restrictive form of positivism, following Raz’s ideas, he articulates that in any legal system, ‘whether a given norm is legally valid, and hence whether it forms part of the law of that system, depends on its sources, not its merits.’ In Raz’s perspective, this thesis enunciated by Gardner rehearses the traditional positivist tradition between the law as it is and as it ought to be. Therefore, Gardner’s thesis is certainly a positivist principle.

Gardner however does not capture the whole of positivist message. Neither is he justified in ignoring the various respects in which a number of positivists have endeavoured to rebut assertions of necessary connections between law and morals; nor should we agree with Gardner’s view that the ‘no necessary connections’ formulation is misleading with thought that it denies only one necessary link between legal and moral domain.Matthew Kramer reasons these by contending that even though Hart has gone beyond his great legal positivist predecessors in the width of their contestation of apparently unavoidable ties between law and morality, Gardner and other Raz’s disciples likewise go beyond those predecessors by supporting the Exclusivist’s variety of legal positivism in preference to Inclusivist varieties. Hart observed that his positivists’ ancestors favoured the Inclusivist position before the controversies between Inclusivist and Exclusivist. Hence, like Hart, they abstained the view that it is necessarily not the case that the status of norms as legal norms ever depends on moral tests.

Hart’s expansion of the range of positivist attacks on presumably necessary connection between law and morality was because of his keen interests to the normative dimension of law, which had been largely obscured by his positivist predecessors. Hart had to engage in crucial battles that were never similarly pressing for Austin, his greatest advances over Austin was his knowledge to law’s normatively that posed new challenges for him, he defended by fending off arguments that equate law’s normatively with moral’s. Therefore, this is doubtlessly another reason to reject Gardner’s narrow understanding of conception of legal positivism; otherwise, we would render a lot of the disputes that have preoccupied legal positivists and their opponents during the past five decades as quite enigmatic. Remarkably, positivists such as Hart have taken themselves to be defending positivism against those critics by theorists such as Fuller, Dworkin, Finnis, Stephen Perry, Gerald Postema, Philip Soper, Nigel Salmond, Roger Shiner and Robert George that in varying ways casting doubts on theories of legal positivism. Noting that, most disputes have not focused on Gardner’s thesis which he regards as the solitary distinctive doctrine of positivism, thus most of the proponents and detractors of positivism in last five decades have been very confused, particularly on the specific points and general nature of debates.Although this expression is coherent, it seems a little bizarre. Therefore, it should be contended that Gardner’s conception of positivism is undeniably restrictive.

Gardner is right when he remarks that we should not always quarrel over a label. Gardner conceives that it is truth that matters in philosophical argument, not which proposition is given which name. In recent decades, some legal philosophers who are positivists by any conjecturing, including Gardner’s reckoning, sought to expose the possibility of varied links between law and morality that are often noticed as necessary. It is contended that these conjecturing are the salient features in modern jurisprudential wrangling. Thus, Hart and other legal positivists have undertaken a sophisticated insistence on the separability of law and morality regardless of the label one affixed thereto.

The separability thesis has to be construed with a bit of generosity rather than in an insensitively quibbling fashion if its purpose is to be identified. It is suggested that although the language of ‘no necessary connection’ is unacceptably rough as a means of summations to the upshot of an insistence on the separability thesis, its clarities largely offsets its temerity. Therefore, the ‘no necessary connection’ formulation might be accepted as a slogan that provides an understandable synopsis to some major reasoning developed by legal positivists.

The Separability Thesis Defended

The separability thesis captures well Hart’s idea that ‘there is no necessary connection between law and morality.’ As Hart’s electrifying survey of various different relations between law and morality shows, the thesis applies and is intended to apply to all of them. The contradicting reactions between Gardner and Coleman were mainly due to the scope of the thesis: one takes it literally and pronounces it absurd; the other pares it down and declares it obvious.

Unlike Gardner, Coleman ascribes the legal positivism claim without any hesitations. He recognises that such claim is in need of interpretation and in doing so; he severely limits the scope of the positivists’ insistence on the separability of law and morality. Coleman believes that the positivists’ affirmation of the separability thesis is quite naive. He contends that the ‘…thesis asserts that it is unnecessary that the legality of a standard of conduct depend on its moral value or merit.’Although the thesis is a central principle of legal positivism, Coleman opines that it is no distinctively positivistic because just about every legal philosopher has endorsed it. He submits that it is not utterly accurate to characterise legal positivism by the separability thesis because once it is properly understood, neither positivists nor anyone rejects it.

Coleman thinks that if the thesis is ‘properly understood’; it is only a claim about ‘the content of the membership criteria of law’. Coleman is of particular interest only on the thesis that bears the ‘existence conditions of the not necessarily moral criteria.’ No one however thinks that these must be moral criteria; not even John Finnis, who openly recognises that ‘human law is artefact and artifice, and not a conclusion from moral premises.’ Thus, Coleman concludes that the hallmark of positivism is an insistence on the conventionality of law, not the insistence of the separability of law and morality.

Coleman’s position is quite similar to Gardner’s. Gardner rejects the separability thesis whereas Coleman embraces it with the interpretation that it overlaps with the one Gardner attributes to legal positivism. Both of them substantially limit the reach of its resistance to the postulation of necessary connection between law and morality and submit that the resistance is confined to legal validity. However, in fairness to Coleman, it should be remarked that he acknowledges that ‘the debates between positivists and natural law thinkers are considerably richer and more complicated than might be inferred from his discussion of the separability thesis.’ He naively adopts simple positivistic position on several points of contention, particularly in connection methodological issues.

Sample Dissertations Law Essay Jurisprudential Positivists


Positivists have taken several themes on the insistence of law and morality, one of the most familiar themes is the traditional distinction between the law as it and as it ought to be. In contrary to what Coleman declares, the distinction is not wholly uncontroversial. The traditional philosophers as eminent as Dworkin, Soper and Michael Moore have pursued traditional natural law attacks in varying ways and degrees on this distinction. Thus, although the standard positivists’ defences to such attacks have attained widespread acceptance, or at least acquiescence, such attacks have not vanished without trace from the present day jurisprudential scene.

Anti-positivists claim that law is necessary for the attainment of morally vital state of affairs and conclude that law is endowed with an intrinsic moral worth. Although positivists occasionally challenged such contention, they have sometimes accepted it; however, they rejected its conclusion. It is the best respond from positivists if they challenge the unwarranted comparison that absolutely underlines the inference about the prima facie moral obligations of law, not by denying the indispensable role. Indeed, positivists question this absolute comparison by contending that instead the appropriate baseline is other realistically attainable legal regimes, some of which may well be morally superior to the regime under consideration. Hence, if positivists can rebut the view that mandates of every legal system are possessed of such obligations as legal mandates, they are able to block any general inference of prima facie moral obligatoriness.

Another positivists’ resistance to moralised law is the self-presentation of a legal system. Soper believes that every legal system presents itself as morally legitimate with morally correct mandates. They posit a necessary connection between law and morality at the level of discourse, particularly by maintaining that officials’ legal pronouncements are inextricably bound up with moral assurances. Soper opines that those pronouncements cannot retain a minimum credibility if their assurances of moral legitimacy are wildly outlandish; he consequently contends that nothing can count as a genuine legal system unless it surpasses some modest threshold of moral acceptability. These reflections have encapsulated him to a traditional natural law position. Thus, positivists are encouraged to challenge Soper’s claim about the self-presentation of legal system.

Besides, law and morality share a similar terminological structure; key terms such as ‘right’, ‘obligation’, ‘authority’ and ‘permission’ are prominently operative. Some theorists therefore suggest that these terminological affinities are clear indication of deeper connections between the two domains. Soper advances such a view in his efforts to establish a genuine legal system that is morally legitimate with morally correct mandates. Like Raz, Soper actually takes for granted that ‘duty’ or ‘obligation’ carries the same meaning both in legal and moral contexts. Hart therefore submitted that the conceptual overlap is formal rather substantive, but not outrageously that the terminology correspondences are unaccompanied by any conceptual overlap.

Another area of debate is on the distinction between morality and factuality. Here, the principle source of disagreements between legal positivists and their foes is the issues singled out by Coleman’s separability thesis. Positivists submit that the endeavours of officials in ascertaining the existence and contents of legal norms are not necessarily guided by any moral assumptions, but concentrate strictly on observable fact. It is therefore the case that moral soundness is neither a necessary nor sufficient condition for the status of any norm as a legal norm. For other theorists that characterised the process of law ascertainment as unavoidable enterprise of moral deliberation, the inclusive legal positivists have held that the role of moral judgments in the process is a contingent matter determined by each legal system’s particular rule of recognition. Hence, this can include, but need not include, moral standards.

In summary, these laconic arguments have outlined some of the chief points that suffice to illustrate their rich multifariousness. Notably, the restrictiveness of Coleman’s comments on the separability thesis is not match by any similar cramping of his methodological and substantive analysis. Although Coleman stands on positivist in every one of the controversies, he does adopt such a position in quite a few of them. Coleman’s disdainful remarks about the separability thesis are damaging to legal positivism by obscuring some of the best positivist insights. Most of the recent conflicts between positivists and their adversaries are blurred by those remarks. Therefore, when the positivists’ affirmation of the separability of law and morality is understand in its expansive variegatedness rather than only in its most pallid formulation, its centrality and profundity become clear. To slight that affirmation is to darken counsel.

Joseph Raz & the Separability Thesis

As an estimable positivist, Raz’s attitude on the insistence of separability of law and morality has always been uncertain, sometimes been downright hostile. He has expressed scepticism in much of his works about the separability of law and morality. Raz suggests that the multifaceted positivists’ insistence can reduced to a single thesis, similar to Coleman. In contrary to Coleman, Raz singles out a different and more capacious principle as the separability thesis and rejects that principle as unsustainable.

Coleman construes the thesis as a claim that the criteria for legal validity in any particular legal system need not include moral tests. He suggests that to assert the contingency of the role of moral tests as criteria for legal validity is to affirm the separability of law and morality. Raz however, submits that Coleman is wrong, he further opines, ‘a necessary connection between law and morality does not require that truth as a moral principle is a condition of legal validity. All it requires is that the social features which identify something as a legal system entail that it possess moral value.’ He maintains that the truth of Coleman’s principle is insufficient for the truth of separability thesis because Coleman construed the thesis over narrowly. Raz therefore opted for a broader specification of the thesis that the thesis will be false if any of law’s defining features entail its possession of some degree of moral worthiness.

Raz then proceeds that ‘the separability thesis is… implausible… there is some necessary connection between law and morality, every legal system in force has some moral merit or does some moral good even if it is also the cause of a great deal of moral evil.’ Furthermore, he reminds that ‘all major traditions in Western political thought, including Aristotle and Hobbes traditions, believed in such connection.’ Hence, Raz is on solid ground in censuring Coleman for conceiving of the separability thesis too restrictively. Raz however enlarges the scope of separability thesis far too modestly. The main problem lies in the notion that legal positivism’s insistence on the separability of law and morality can aptly be recounted as a single thesis. Raz consequently obscure the fact that many of the liveliest debates over the separability of law and morality have in recent decades been primarily on the morality dichotomy. Although he wisely moves beyond the confines imposed by Coleman, he still conveys the false impression that the matter of separability is reducible to a very small set of issues that can be captured in a univocal thesis.

While renouncing ‘the facts which determine the existence and content of law do not guarantee any moral value,’ Raz contends it is true that the necessary connection between law and morality which is likely to be established by his arguments is weak. Moreover, he submits that it is sufficient to establish prima facie obligation to obey the law. For one thing, Raz does not do justice to the comparative character of any genuine moral assessment. Neither of his remarks suitably takes account of the fact that some morally good results can of moral value; nor adequately acknowledge that the role of law as a necessary condition for certain moral desiderate is insufficient to vest la with any inherent moral worth.

Raz’s passing reference to the Aristotle and Hobbes traditions in Western political thought is unquestionably correct in declaring that past and present political thinkers have believe that law as such does inherently partake of some degree of moral worthiness. In most if not all cases, however, they have believed as much because they have further believed that the rule of law is necessary for the realization of extremely important moral desiderate such as the preservation of public order and the coordination of social life and the promotion of individual freedom. The latter belief is entirely accurate. It does not support the thesis that law partakes of some inherent moral worthiness.

The rule of law is indispensable for the continuation of wickedly exploitative and repressive governmental institutions on a large scale over a long period. Therefore, if we were to ascribe inherent moral worthiness to law because of its status as a necessary condition for the attainment of key moral desiderata, we should likewise ascribe inherent moral iniquity to law because of its status as a necessary condition for the successful long term pursuit of heinous purposes by evil regimes that rule over sizeable societies. We should not engage in either of those inconsistent ascriptions. We should conclude that the moral bearings of law are not inherent but are determined by its contingent substance and by the uses to which it is put in various settings.

Remarkably, we reaffirm legal positivism’s insistence on the separability of law and morality. On some occasions those theorists have suggested that certain important strands of the positivist insistence on the separability of law and morality are in fact outside the scope of jurisprudential positivism, and on other occasions they have squarely impugned certain elements of that insistence. Whatever may be their reasons for discounting central tenets of legal positivism that have been elaborated in tussles with natural law theorists of sundry stripes, they have indeed de-emphasized or abjured a number of those tenets.

To reassure, an unswerving allegiance to those tenets is not a necessary condition for the applicability of the ‘positivist’ label. Raz is surely a legal positivist even though he has eschewed any such allegiance. Nevertheless, the vibrant heart of legal positivism at least during the past five decades is a far-reaching insistence on the separability of law and morality, from which these positivists have distanced themselves.


In conclusion, any sensible person should accept that there are countless similarities between law and morality. The vast majority of those similarities are utterly trivial, but a small proportion of them such as the normative legal propositions and moral propositions are significant. When we distinguish among morally contrasted with immorality and morality contrasted with prudence and morality contrasted with factuality, we can discern that nearly all of the important and ostensibly necessary connections between law and morality – in any of the three specified sense of ‘morality’ – are contingent at most.

During the past five decades, natural law theorists of differing persuasions have proclaimed quite a few of those contingent connections to be ineluctable bonds. Legal positivists have developed fruitfully in response to those proclamations, as its proponents have endeavored to expose the un-tenability of the natural law arguments. Their endeavors have doubtless expanded the ambit of legal positivism beyond its historical contours, but the expansion has improved to the great benefit positivism by underscoring the soundness and versatility of its general insights.

Legal positivists’ altercations with natural law thinkers can shed light on the battles that take place among positivists themselves.



H.L.A Hart, ‘Positivism and the Separation of Law and Morals’ in H.L.A Hart, Essays in Jurisprudence and Philosophy (OUP, Oxford 1983)

H.L.A Hart, The Concept of Law (2nd edn Clarendon Press, Oxford 1994)

Jules Coleman, The Practice of Principle (OUP, Oxford 2001)

Joseph Raz, ‘Practical Reason and Norms’ (Princeton University Press, Princeton 1990)

Joseph Raz, ‘Ethics in the Public Domain (OUP, Oxford 1994)

Matthew H. Kramer, Where Law and Morality Meet (OUP, Oxford 2008)


Andrei Marmor, ‘Legal Positivism: Still Descriptive and Morally Neutral’ (2006) 24(4) O.J.L.S 686

Deryck Beyleveld and Roger Brownsword, ‘The Practical Difference between Natural Law Theory and Legal Positivism’ (1985) 5(1) O.J.L.S 3

David Dyzenhaus, ‘The Genealogy of Legal Positivism’ (2004) 24(1) O.J.L.S. 39

H.L.A Hart, ‘Positivism and the Separation of Law and Morals’ (1958) 71 Harv. L. Rev. 593

John Gardner, ‘Legal Positivism 5 ½ Myths’ (2001) 46 Am.J.Juris. 199, 233

Leslie Green, ‘Positivism and the Inseparability of Law and Morals’ (2008) 83 N.Y.U.L.Rev. 1035

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