Ep. 304: Dworkin v. Hart on Legal Judgment (Part One)
The Partially Examined Life Philosophy Podcast
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The Positivism of Judges
Dworkin wants to say that judges can disagree about things because they're proposing alternative philosophical models of how to account for all the existing. Just like in science, the observations are always going to under determine the theory that you make about them in law. That's the way judges are going to disagree. But that doesn't mean that every theory that fits the facts is going to be equally good.
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