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Critiques of Positivism


Critiques of Positivism
An analysis of the legal principles and theory of discretion by Ronald Dworkin and H.L.A. Hart.
1,125 words (approx. 4.5 pages) | 1 source | 2005 United States


Paper Summary:

This essay critically examines Ronald Dworkin's criticisms of Hart's positivism, in "Models of Rules 1", in order to determine the relative strength of Dworkin's critiques. The paper argues, with reference to the work of both men, on the issue of legal principles, Dworkin's criticism of Hart's positivism is strongest while, in contrast, Dworkin's criticism of the theory of discretion under Hart's positivism is notably weak.

From the Paper:

"Critiques of Positivism: Dworkin v. Hart Ronald Dworkin, in "Models of Rules 1," presents a range of criticisms of the philosophy of legal positivism as embodied in the work of H.L.A. Hart."

Cite this paper

APA Citation:

Critiques of Positivism (2012, January 15). Retrieved February 13, 2012, from http://www.academon.com/Analytical-Essay-Critiques-of-Positivism/87285

MLA Citation:

"Critiques of Positivism" 15 January 2012. Web. 13 Feb. 2012. <http://www.academon.com/Analytical-Essay-Critiques-of-Positivism/87285>




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