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

The Partially Examined Life Philosophy Podcast

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I'm Just Legislating. The Law Stops Here

Shapiro: Dworkin says he accounts for the face value of when actually judges are having these conversations about hard cases, what they say they are doing. Shapiro: There's no positivist master rule of recognition where you could just test the principle with a judge algorithm. He says it would be easier to write some kind of algorithm, replace a judge with a computer. With principles, it's even harder to imagine doing that.

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