Hart–Dworkin debate

The Hart–Dworkin debate is a debate in legal philosophy between H. L. A. Hart and Ronald Dworkin. At the heart of the debate lies a Dworkinian critique of Hartian legal positivism, specifically, the theory presented in Hart's book The Concept of Law.; superseded by 3rd edition 2012, edited by Leslie Green. While Hart insists that judges are within bounds to legislate on the basis of rules of law, Dworkin strives to show that in these cases, judges work from a set of "principles" which they use to formulate judgments, and that these principles either form the basis, or can be extrapolated from the present rules. Dworkin, Ronald. "The Model of Rules I," in Taking Rights Seriously (Cambridge, MA: Harvard University Press, 1977).

References

See also Hart–Fuller debate Hart–Devlin debate Legal positivism

Further reading The "Hart-Dworkin" Debate: A Short Guide for the Perplexed Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence