Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two)
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?
Get more at partiallyexaminedlife.com. Visit partiallyexaminedlife.com/support to get ad-free episodes and tons of bonus discussion including the supporter-exclusive part three to this episode.
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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?
Get more at partiallyexaminedlife.com. Visit partiallyexaminedlife.com/support to get ad-free episodes and tons of bonus discussion including the supporter-exclusive part three to this episode.
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