Professor Dworkin criticises legal positivism, concentrating particularly on the version provided by Professor Hart. According to Hart, law is a system of rules. In reality, Dworkin argues law also consists of other standards which cannot be assimilated to the category of a rule. Principles are a particular example. Positivists also argue that when there is no clear rule to guide them, judges must make new law in the exercise of their discretion. Dworkin argues, on the contrary, that judges are usually bound by existing principles in the law and don't have a creative role that positivism seems to assign to them. He examines the way in which these principles are in fact deployed in legal decisions.R.D. critique le positivisme juridique, spéc...
Ronald Dworkin's anti-positivist argument from theoretical disagreement (ATD) in Law's Empire (1986)...
Does the law merely contain rules? Or does it also include morality? The debate between H.L.A. Hart ...
The paper aims at working out a comparison between the philosophical outlook known as logical positi...
Herbert L.A. Hart New Challenge to Legal Positivism In his lecture, delivered at the Department of...
Dworkin's success in anglo-saxon countries can be explained by the function of his theory : against ...
The controversy between Dworkin and legal positivism has lasted more than forty years. After Dworkin...
Legal positivism is the leading doctrine about the nature of law. Its proponents insist that a reali...
This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Blooming...
Confronted with standards beyond those obvious in purpose and rule, the positivist, says Dworkin, ha...
One can bring out in Dworkin's work a hidden conception of a theory of law (or a metatheory), which ...
A fundamental task for legal philosophy is to explain what makes it the case that the law has the co...
Dworkin's theory is basically an expression of the rule of law doctrine, since it holds that the exi...
In a series of books and articles published over the last thirty years, Ronald Dworkin has relentles...
Lawyers are typically concerned with propositions of law. How are we to understand their meaning and...
Known as "Hart-Dworkin Debate," the clash of opinions between these two authors generated i...
Ronald Dworkin's anti-positivist argument from theoretical disagreement (ATD) in Law's Empire (1986)...
Does the law merely contain rules? Or does it also include morality? The debate between H.L.A. Hart ...
The paper aims at working out a comparison between the philosophical outlook known as logical positi...
Herbert L.A. Hart New Challenge to Legal Positivism In his lecture, delivered at the Department of...
Dworkin's success in anglo-saxon countries can be explained by the function of his theory : against ...
The controversy between Dworkin and legal positivism has lasted more than forty years. After Dworkin...
Legal positivism is the leading doctrine about the nature of law. Its proponents insist that a reali...
This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Blooming...
Confronted with standards beyond those obvious in purpose and rule, the positivist, says Dworkin, ha...
One can bring out in Dworkin's work a hidden conception of a theory of law (or a metatheory), which ...
A fundamental task for legal philosophy is to explain what makes it the case that the law has the co...
Dworkin's theory is basically an expression of the rule of law doctrine, since it holds that the exi...
In a series of books and articles published over the last thirty years, Ronald Dworkin has relentles...
Lawyers are typically concerned with propositions of law. How are we to understand their meaning and...
Known as "Hart-Dworkin Debate," the clash of opinions between these two authors generated i...
Ronald Dworkin's anti-positivist argument from theoretical disagreement (ATD) in Law's Empire (1986)...
Does the law merely contain rules? Or does it also include morality? The debate between H.L.A. Hart ...
The paper aims at working out a comparison between the philosophical outlook known as logical positi...