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

The Partially Examined Life Philosophy Podcast

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Dworkin and Shapiro - Theoretical Disagreements in Law

Shapiro: Dworkin and Leiter are nuts to think that theoretical disputes are at the very center of our legal tradition. The vast, vast majority of things are decided more or less in an algorithmic way; it's not actually a theoretical disagreement. And as Leiter points out, even in the examples that Dworkin comes up with, judges themselves do not engage in theoretical dialogue.

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