Ep. 304: Dworkin v. Hart on Legal Judgment (Part Two)
The Partially Examined Life Philosophy Podcast
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The Positivism Response to Dworkin's Point
Dworkin would just disagree with heart. He would side with the justices from Germany. There's a weakness to that argument, which we don't have to get into. Even if you grant the positivist thesis, some tests of legality are actually moralized. So for instance, the rule of recognition is a matter of social convention.
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