In this paper I analyse the problem of legal disagreements, initially raised by Ronald Dworkin against Hartian positivism. According to Dworkin, disagreements are pervasive, since law is an argumentative practice in which participants invoke normative arguments. Positivists, who claim that law depends upon agreement among officials, have difficulties to make sense of the fact that lawyers frequently disagree. I first present the main arguments in the debate. I then go on to distinguish different levels at which lawyers disagree. Taking these levels into consideration, I articulate a pluralist reply that shows that the fundamental positivist tenets remain untouched by Dworkin’s challenge.Pravna nesoglasja. Pluralistični odgovor na Dworkinov ...
A fundamental task for legal philosophy is to explain what makes it the case that the law has the co...
This article contends that Dworkin's notion of ‘genuine’ theoretical disagreements, which is a funda...
Abstract: In this dissertation, I propose a solution to Ronald Dworkin’s challenge from hard cases. ...
In recent years, there has been renewed interest in the question of whether Ronald Dworkin was corre...
Scott Shapiro has recently argued that Ronald Dworkin posed a new objection to legal positivism in L...
Ronald Dworkin's anti-positivist argument from theoretical disagreement (ATD) in Law's Empire (1986)...
In 2014 we celebrate the 20th anniversary of publishing H.L.A. Hart’s ‘Postscript to The Concept of ...
En este trabajo me propongo abordar el problema de los desacuerdos en el derecho, inicialmente plant...
Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no...
The controversy between Dworkin and legal positivism has lasted more than forty years. After Dworkin...
This doctoral thesis analyzes various philosophical treatments of the phenomenon of legal disagreeme...
Professor Dworkin criticises legal positivism, concentrating particularly on the version provided by...
Known as "Hart-Dworkin Debate," the clash of opinions between these two authors generated i...
textIn the postscript to The Concept of Law, H.L. A. Hart describes the on-going debate inspired by ...
Scott Shapiro recently suggested that Ronald Dworkin's critique in Chapter 1 of Law's Empire represe...
A fundamental task for legal philosophy is to explain what makes it the case that the law has the co...
This article contends that Dworkin's notion of ‘genuine’ theoretical disagreements, which is a funda...
Abstract: In this dissertation, I propose a solution to Ronald Dworkin’s challenge from hard cases. ...
In recent years, there has been renewed interest in the question of whether Ronald Dworkin was corre...
Scott Shapiro has recently argued that Ronald Dworkin posed a new objection to legal positivism in L...
Ronald Dworkin's anti-positivist argument from theoretical disagreement (ATD) in Law's Empire (1986)...
In 2014 we celebrate the 20th anniversary of publishing H.L.A. Hart’s ‘Postscript to The Concept of ...
En este trabajo me propongo abordar el problema de los desacuerdos en el derecho, inicialmente plant...
Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no...
The controversy between Dworkin and legal positivism has lasted more than forty years. After Dworkin...
This doctoral thesis analyzes various philosophical treatments of the phenomenon of legal disagreeme...
Professor Dworkin criticises legal positivism, concentrating particularly on the version provided by...
Known as "Hart-Dworkin Debate," the clash of opinions between these two authors generated i...
textIn the postscript to The Concept of Law, H.L. A. Hart describes the on-going debate inspired by ...
Scott Shapiro recently suggested that Ronald Dworkin's critique in Chapter 1 of Law's Empire represe...
A fundamental task for legal philosophy is to explain what makes it the case that the law has the co...
This article contends that Dworkin's notion of ‘genuine’ theoretical disagreements, which is a funda...
Abstract: In this dissertation, I propose a solution to Ronald Dworkin’s challenge from hard cases. ...