Ep. 304: Dworkin v. Hart on Legal Judgment (Part One)
The Partially Examined Life Philosophy Podcast
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The Importance of Social Facts in the Theory of Law
Wesley Clark: Dorkin's original critique was taken very straightforwardly, but he also revised his critique later on. He says the validity of laws depends upon social facts only and not moral facts. Clark: In a stronger sense, Dorkin would be saying, well, you failed at this heart because you haven't accounted for how hard cases are taken care of. And that explains why someone like Shapiro or even lighter focus on this as having a better defense of positivism against hard cases.
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