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

The Partially Examined Life Philosophy Podcast

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The Fundamentalist Critique of Legal Positivism

Legal positivism is supposed to be less objectionable than that, but still saying that the law is not based on morality. Dorkin is arguing against that. If you want to say it's a fundamentalist thing, you'd have to say more of why that. It seems like the positivists want to keep that aperture closed and the light always seems to leak in. Seems like you can't fully close that off.

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