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This 6 page paper examines the postscript added to the revised edition of H.L.A. Hart’s “The Concept of Law”, looking at how Hart refutes the criticism made by Ronald Dworkin. The bibliography cites 4 sources.
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6 pages (~225 words per page)
File: TS14_TEhartdw.rtf
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Unformatted sample text from the term paper:
and perspective on the law. One of these critics has been Ronald Dworkin who describes his theories are interpretive law (Hart, 1994). These are the ideas of fit and coherence,
and as Hart sees it at first glance there should not be such a clash between the idea, as hart does not see them as clashing. However, Dworkin does see
a clash, and makes this very clear in his work over the years. It was in his 1967 book that he first started his critique of Hart (Dworkin, 1986). In
the postscript that has been published in a 1994 edition of Harts seminal work, he attempts to answer Dworkins criticism. If we want to understand the way that Hart refutes
the criticism we first need to understand the basic differences. Dowkins stated that Hart agues that the law is made up of rules, these are legal standards, and can
be separated Dworkin disagrees, and differentiates what he calls legal principles (Leiter, 2002). Dowkin also states that Hart believes in the "rule of recognition" as a way that the identification
of legal rules takes place, with the use of pedigree for tests as opposed to their content, again, Dworkin rejects this, as he rejects the idea that judges are endowed
with a level of discretion and it is not the rule that is the control of any case (Dworkin, 1977). Hart also put forward the belief that where there
is the use of judicial discretion that where it is used there should not be pre-existing legal right to win which Dworkin also disagreed with (Hart, 1994). There appears
to be a wide chasm between the two theorists. Over time there has been a recognition that the in criticising Harts theorys
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