Ep. 304: Dworkin v. Hart on Legal Judgment (Part One)
The Partially Examined Life Philosophy Podcast
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The Positivism of Dworkin
Dworkin has to defend himself against the charge that this is merely semantic because he wants to say, well, when judges are using their quote unquote discretion, it's weak discretion and they are bound to buy something. Shapiro will end up saying that actually the positivists are able to answer that pretty handily. The dispute is over whether principles are in the law and legally binding as a matter of the law or whether the judge with strong discretion is reaching outside of the law.
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