Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two)
The Partially Examined Life Philosophy Podcast
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Is Dworkin Unfairly Criticizing Hard?
In section two, Shapiro says Dworkin unfairly criticizes hard for saying the law consists only of rules, never principles. But there's a better explanation of Hart's theory of judicial discretion, he adds. Rule is a standard that has been identified and selected as binding by some social act,. It could be a legislature, but it could even just be custom. Right? So it's a misunderstanding of what the Archimedean point is.
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