Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two) - a podcast by Mark Linsenmayer

from 2022-11-21T13:21:20

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Continuing on Roland Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007), plus some of Dworkin's "Hard Cases" (1977).

How do Hartians respond to Dworkin's initial attack? Can Hart's theory incorporate the fact that judges consult their culture's moral standards without making the law dependent on morality?

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