Ep. 304: Dworkin v. Hart on Legal Judgment (Part One)
On Ronald Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007).
How do judges make decisions in hard cases? When the law "runs out" and doesn't definitively decide an issue, do judges then just draw on their personal moral judgments? Dworkin says no, that moral principles are (contra Hart) built into the legal principles which guide judges, even if these principles are not written out in legal rules.
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On Ronald Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007).
How do judges make decisions in hard cases? When the law "runs out" and doesn't definitively decide an issue, do judges then just draw on their personal moral judgments? Dworkin says no, that moral principles are (contra Hart) built into the legal principles which guide judges, even if these principles are not written out in legal rules.
Get more at partiallyexaminedlife.com. Visit partiallyexaminedlife.com/support to get ad-free episodes and tons of bonus discussion.
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