PHL370H1 Lecture : Hart's Responses to Dworkin
Document Summary
1. moral principles part of rule of recognition: legal, principles and certainty. 5. positivism as a semantic theory: moral principles as part of r of r. Dworkin argued against this because it was too wide open. A judge can always bring moral principles from outside the law. Hart responds that he denies bringing outside sources is the only option\ You could have moral principles in a r of r. You could also have legal principles in a r of r. Hart rejects that positivism is bound only to pedigree or sources alone. He recognizes other approaches where moral principles are part of the law . Examples from inside the law not outside are brought to bare. What distinguishes positivists from naturalists is that an r of r can contain moral principles but does not need to. Soft/inclusive positivism is that which means moral principles can have moral principles. Hard positivism means it cannot be a moral principle at all: legal.
