Subscribe to get parts 1 and 2 of this now, ad-free. On Ronald Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007). How do judges make decisions in hard cases? When the law "runs out" and doesn't definitively decide, e.g., whether we have a general "right of privacy," do judges then just draw Continue Reading …
Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two for Supporters)
Continuing from part one 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). We go through some responses by Hartians to Dworkin's initial attack, revisiting the issue of whether judges can employ moral considerations when making decisions, or Continue Reading …
Ep. 304: Dworkin v. Hart on Legal Judgment (Part One for Supporters)
On Ronald Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007). How do judges make decisions in hard cases? When the law "runs out" and doesn't definitively decide, e.g., whether we have a general "right of privacy," do judges then just draw on their personal moral judgment in deciding cases? And if Continue Reading …
Ep. 303: H.L.A. Hart on the Foundations of Law (Part Two)
Subscribe to get Parts 1 and 2 ad-free, plus a supporter exclusive Part 3. Continuing from part one on "Positivism and the Separation of Law and Morals" (1958) and The Concept of Law (1961), ch. 5 and 6. If law is not based on morality, then why obey the law? Hart claims that it's just a fact that most of us feel most of the time that we should obey the law. If this Continue Reading …
Ep. 303: H.L.A. Hart on the Foundations of Law (Part Three for Supporters)
On The Concept of Law (1961), ch. 6, "Foundations of a Legal System." This chapter goes into detail about Hart's "rule of recognition," which is what is supposed to foundationally make something legitimately a law in a given society. How can we identify something as a law? In Britain, Hart says it's when the Queen in Parliament declares something to be a law (note that I say Continue Reading …
Ep. 303: H.L.A. Hart on the Foundations of Law (Part One)
Subscribe to get parts 1 and 2 of this now, ad-free. On "Positivism and the Separation of Law and Morals" (1958) and The Concept of Law (1961), ch. 5 and 6. What's the relationship between law and morality? If law isn't founded on morality, what is it founded on? Hart was a leading figure in the philosophy of law, and wrote in the tradition of legal positivism that goes Continue Reading …
Ep. 303: H.L.A. Hart on the Foundations of Law (Part Two for Supporters)
Continuing from part one on "Positivism and the Separation of Law and Morals" (1958) and The Concept of Law (1961), ch. 5 and 6. If law is not based on morality, then why obey the law? Hart claims that it's just a fact that most of us feel most of the time that we should obey the law. If this isn't the case, then Hart says there is no law in that society at all, whatever Continue Reading …
Ep. 303: H.L.A. Hart on the Foundations of Law (Part One for Supporters)
On "Positivism and the Separation of Law and Morals" (1958) and The Concept of Law (1961), ch. 5 and 6. What's the relationship between law and morality? If law isn't founded on morality, what is it founded on? Hart was a leading figure in the philosophy of law, and wrote in the tradition of legal positivism that goes back to the British Utilitarians John Austin and before Continue Reading …