Dworkin's Main Criticisms of Hart's Theory - 1619 between Hart and Dworkin. Hart's theory was contained in the Book, The Concept of Law which provided a general and normative description explaining the notion of law. Herbert LA Hart is famous for his legal philosophy which sought to define the concept of law. He redefined jurisprudence and established a line of research in philosophy regarding the concept of law. Dworkin's criticisms of Hart's arguments focus on the doctrine of judicial discretion and the separation of morality and law. Hart's position as a rules-based approach which emphasized the different perspectives both internal and external as well as the distinction between secondary and external. primary rules. Hart argued that primary rules are rules that impose certain duties on individuals while secondary rules are rules that confer power. For example, the most important secondary rule is the rule of recognition which sets out criteria that can be used to identify laws within the legal system. The two main assertions of Hart's arguments were that law arises only through recognized social sources. This is called the sources thesis. The second conditional claim, known as the separation thesis, establishes that there is no necessary connection between morality and law. Through this concept of rules, Hart suggests that in situations where there are no legal rules governing cases, judges have the discretion to establish rules or law to be applied in such a situation and in d other similar ones that may arise in the future. Dworkin's argument seemed to advance what H......middle of paper......gland: Ashgate, 2010).Halprin, Jean-Louis. “The concept of law: a Western transplant? Theoretical Investigations in Law 10, no. 2 (2009) PL 12. Kuo, M.-S. “The concept of “law” in global administrative law: a response to Benedict Kingsbury. European Review of International Law 20, no. 4 (2010) PL 997. Leiter, B. “Beyond the Hart/Dworkin debate: the problem of methodology in jurisprudence”. The American Journal of Jurisprudence 48, no. 1 (2003) PL 17. Leiter, Brian. Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Philosophy of Law. (Oxford: Oxford University Press, 2007). Phang, Andrew Boon Leong. “Jurisprudential Oaks from Mythical Acorns: The Hart-Dworkin Debate Revisited.” Ratio Juris 3, no. 3 (1990) PL 385. Shapiro, Scott J. The “Hart-Dworkin” debate: a short guide for the perplexed. (New York, New York: Cambridge University Press, 2007).

Essay / Dworkin's Main Criticisms of Hart's Theory - 1619 between Hart and Dworkin. Hart's theory was contained in the Book, The Concept of Law which provided a general and normative description explaining the notion of law. Herbert LA Hart is famous for his legal philosophy which sought to define the concept of law. He redefined jurisprudence and established a line of research in philosophy regarding the concept of law. Dworkin's criticisms of Hart's arguments focus on the doctrine of judicial discretion and the separation of morality and law. Hart's position as a rules-based approach which emphasized the different perspectives both internal and external as well as the distinction between secondary and external. primary rules. Hart argued that primary rules are rules that impose certain duties on individuals while secondary rules are rules that confer power. For example, the most important secondary rule is the rule of recognition which sets out criteria that can be used to identify laws within the legal system. The two main assertions of Hart's arguments were that law arises only through recognized social sources. This is called the sources thesis. The second conditional claim, known as the separation thesis, establishes that there is no necessary connection between morality and law. Through this concept of rules, Hart suggests that in situations where there are no legal rules governing cases, judges have the discretion to establish rules or law to be applied in such a situation and in d other similar ones that may arise in the future. Dworkin's argument seemed to advance what H......middle of paper......gland: Ashgate, 2010).Halprin, Jean-Louis. “The concept of law: a Western transplant? Theoretical Investigations in Law 10, no. 2 (2009) PL 12. Kuo, M.-S. “The concept of “law” in global administrative law: a response to Benedict Kingsbury. European Review of International Law 20, no. 4 (2010) PL 997. Leiter, B. “Beyond the Hart/Dworkin debate: the problem of methodology in jurisprudence”. The American Journal of Jurisprudence 48, no. 1 (2003) PL 17. Leiter, Brian. Naturalizing Jurisprudence: Essays on American Legal Realism and Naturalism in Philosophy of Law. (Oxford: Oxford University Press, 2007). Phang, Andrew Boon Leong. “Jurisprudential Oaks from Mythical Acorns: The Hart-Dworkin Debate Revisited.” Ratio Juris 3, no. 3 (1990) PL 385. Shapiro, Scott J. The “Hart-Dworkin” debate: a short guide for the perplexed. (New York, New York: Cambridge University Press, 2007).

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