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Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two)
Published 3 years, 5 months ago
Description
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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