Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two)
The Partially Examined Life Philosophy Podcast
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Is Dworkin's Criticism of the Foundationalism of Positivism a Good One?
Positivist wants to be able to distinguish morality and law, right? Because we don't legislate every form of morality. Principles can have no pedigree, but the legal obligation to apply them does have a pedigree. So there's still strong discretion there. There's a sense in which you're still required to look beyond the law,. That doesn't mean that you can simply do what you want.
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