Dworkin's Main Criticisms of Hart's Theory

Dworkin's main criticism of Heart's theory of law is an important philosophical subject in the law of law, which has caused the discussion between the past years, especially Hart and Dworkin. Heart's theory is included in the book "Legal Concepts" and provides a general and normative explanation of the concept of law. Herbert L. Heart is known for his legal philosophy to define the concept of law. He redefined law and established a series of quests about the concept of law in philosophy.

Dworkin criticized Hart on two issues: rights and obligations, and law decisions. Regarding rights and obligations, Dworkin says, "Preliminary moral justification must exist due to the existence of legal rights and obligations" and "legal rights must be understood as moral rights" I think. There may be important, legal rights and obligations, and there is no moral justification. Regarding the decision of the law, Heart admits that it is possible to decide the law without mentioning ethics. These rules are valid as long as the rules are approved and enforced by the authorities. However, Dworkin distinguishes between interpretation and explanation preface. In the absence of moral legitimacy, there is the possibility that an evil legal system may exist, but in such cases you can rely on "internal doubts" and deny these systems as law

According to Dworkin, Hart's empirical legal system contains only legal rules. Criticizing this, Dworkin distinguishes between rules and principles. Dworkin dismissed Hart's claim that there was no clear rule in the field if the judge faced a "difficult case", but as prescribed in Smith's case, the application of the rule Discretion to judge cases that are not clear. . Instead, Dworkin believes that judges rely on legal principles and moral suggestions derived from past laws and decisions. Such a legal principle can be found because it is thought that all the legal rights and obligations are sincere, that is, "expressing a coherent concept of justice and fairness" I will.

Essay.com / Bentham, Hart, Dworkin strictly compare the legal obligation explanations. This paper was submitted to the Law Course.

Please compare the explanation of the legal obligations of Bentham, Hart, Dworkin. This paper was submitted to the Law Course.