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Questions and Answers
What do some argue about Dworkin's impact on Hart's theory?
What do some argue about Dworkin's impact on Hart's theory?
What do some legal positivist theorists argue about developing a theory of legal interpretation?
What do some legal positivist theorists argue about developing a theory of legal interpretation?
What criteria can legal positivist theory satisfy, according to some proponents?
What criteria can legal positivist theory satisfy, according to some proponents?
Why do some argue that Hart's positivist theory has resilience against Dworkin's criticisms?
Why do some argue that Hart's positivist theory has resilience against Dworkin's criticisms?
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In what way do both Hart and Dworkin contribute to legal philosophy?
In what way do both Hart and Dworkin contribute to legal philosophy?
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According to Dworkin in 'The Model of Rules I,' what did he argue regarding legal principles and rules?
According to Dworkin in 'The Model of Rules I,' what did he argue regarding legal principles and rules?
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In 'Law's Empire,' what did Dworkin criticize Hart's positivism for?
In 'Law's Empire,' what did Dworkin criticize Hart's positivism for?
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How did Dworkin argue that legal principles fill in the gaps left by legal rules?
How did Dworkin argue that legal principles fill in the gaps left by legal rules?
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Why did Dworkin raise concerns about Hart's legal philosophy in 'Law's Empire'?
Why did Dworkin raise concerns about Hart's legal philosophy in 'Law's Empire'?
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What did Dworkin argue about the necessity of principles in settling disputes?
What did Dworkin argue about the necessity of principles in settling disputes?
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How did Dworkin characterize the relationship between rules and principles in law?
How did Dworkin characterize the relationship between rules and principles in law?
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Study Notes
Dworkin's Critique of Hart's Theory
The debate between Ronald Dworkin and H.L.A. Hart is a seminal discussion within Anglo-American legal philosophy that has been a subject of extensive scholarly attention. The debate has been framed as a disagreement over the necessity of conjoining the concepts of law and morality. Dworkin critiqued Hart's positivist theory of law, suggesting that it failed to account for the existence of legal principles.
The Model of Rules I
In his 1967 article "The Model of Rules I," Dworkin argued that Hart's theory could not adequately explain the existence of legal principles and the role they play in the law. Dworkin maintained that legal rules apply in all cases where they have not been displaced by principles that provide criteria for their application. He contended that rules do not apply in all possible cases and that principles are necessary to fill in the gaps where rules do not dictate a clear outcome.
The Critique in Law's Empire
Dworkin's critique of Hart's positivism continued to evolve in his later work. In "Law's Empire," he raised concerns about Hart's inability to account for theoretical disagreement in law and the lack of a thought-out view on legal interpretation in Hart's legal philosophy. He argued that legal positivism, as represented by Hart, could not provide a satisfactory explanation for the existence of disagreement and the role of principles in settling disputes.
The Impact of the Debate
Despite Dworkin's criticisms, some argue that he ultimately failed to undermine Hart's theory. They suggest that although legal positivists lack a thought-out view of legal interpretation, there is nothing in the theory of legal positivism that stops them from developing such a theory. Additionally, some positivist theorists argue that the theory can satisfy certain criteria, such as minimal mutilation of existing law, coherence, and generality, to account for the existence of legal principles and theoretical disagreement in law.
The Continuing Debate
The Hart-Dworkin debate continues to be a topic of interest among legal theorists and scholars. It has been discussed in various academic papers and debates, with some arguing that Hart's positivist theory has been resilient in the face of Dworkin's criticisms. Despite the ongoing debate, both Hart's and Dworkin's contributions to legal philosophy remain influential in shaping the field's current discourse.
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Description
Explore the seminal debate between Ronald Dworkin and H.L.A. Hart in Anglo-American legal philosophy, focusing on Dworkin's critique of Hart's positivist theory of law. Understand Dworkin's arguments against Hart's model of rules and the impact of the debate on legal philosophy.
