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Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two)

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Manage episode 347639247 series 1323427
Content provided by Mark Linsenmayer, Wes Alwan, Seth Paskin, and Dylan Casey. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Mark Linsenmayer, Wes Alwan, Seth Paskin, and Dylan Casey or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Continuing on Roland Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007), plus some of Dworkin's "Hard Cases" (1977).

How do Hartians respond to Dworkin's initial attack? Can Hart's theory incorporate the fact that judges consult their culture's moral standards without making the law dependent on morality?

Get more at partiallyexaminedlife.com. Visit partiallyexaminedlife.com/support to get ad-free episodes and tons of bonus discussion including the supporter-exclusive part three to this episode.

  continue reading

815 episodes

Artwork
iconShare
 
Manage episode 347639247 series 1323427
Content provided by Mark Linsenmayer, Wes Alwan, Seth Paskin, and Dylan Casey. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Mark Linsenmayer, Wes Alwan, Seth Paskin, and Dylan Casey or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Continuing on Roland Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007), plus some of Dworkin's "Hard Cases" (1977).

How do Hartians respond to Dworkin's initial attack? Can Hart's theory incorporate the fact that judges consult their culture's moral standards without making the law dependent on morality?

Get more at partiallyexaminedlife.com. Visit partiallyexaminedlife.com/support to get ad-free episodes and tons of bonus discussion including the supporter-exclusive part three to this episode.

  continue reading

815 episodes

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