The Political Question of the Concept of Law
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Description
This chapter examines the political and conceptual differences in Herbert Hart's theory of law and Ronald Dworkin's legal theory. It explains that Dworkin's legal theory is justificatory in that it aims to show law in its best light while Hart claims that his theory is not justificatory and morally neutral. However, it appears that Hart's decision not to show law in its best light is one partly made on explicitly political grounds. This chapter explains that the political disagreement between Hart and Dworkin relates to a question generated by people's disagreement about the role played by moral and political considerations in determining what the law is, as opposed to what it ought to be.
Source Publication
Hart's Postscript: Essays on the Postscript to The Concept of Law
Source Editors/Authors
Jules Coleman
Publication Date
2001
Recommended Citation
Murphy, Liam B., "The Political Question of the Concept of Law" (2001). Faculty Chapters. 1983.
https://gretchen.law.nyu.edu/fac-chapt/1983
