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Hart's Responses to Dworkin

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University of Toronto St. George
Professor Waterfall

PHL370 November 4, 2010 +,798#08543808 to Dworkin: 1.moral principles part of rule of recognition 2. legal 3. principles and certainty 4.conventions Z47NL3L3974:.08349L4341.43;039L434458O4O 5.positivism as a semantic theory 1. Moral principles as part of r of r -a judge can always bring moral principles from outside the law -dworkin argued against this because it was too wide open -too many morals to choose from. Not legal principles they are choosing from -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 Australiam and American constituation -!*L3842088902841O,Z 9K0802,14729K0.43903941 70897,L39 -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. it would still be valid law -softinclusive positivism is that which means moral principles CAN have moral principles -hard positivism means it CANNOT be a moral principle at all 2. Legal -principles can also be in a r of r -legal principles must be part of a pedigree -pg 260? -L19K0439K,;0,50LJ7009K03,7417.,389LOO2,N07010703.0949K02L3,J0307,O way -Dworkin accepts that some principles will have a pedigree -Hart 40839L8,J700 -hart questions whether ruleslaws like princples are radically different in how they pertain to decisions. -there is a difference to statutes and principles -sometimes laws conflict with one another Z0439J097L41430Z0M:892,ke one weigh more heavily -laws are usually all or nothing but not always - we can identify system in which legal systems play no part -9K070,708420ZK0709K,9NL341M:L.L,O70,843L3JL839;,OL
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