The Partially Examined Life Philosophy Podcast Ep. 304: Dworkin v. Hart on Legal Judgment (Part One)
Nov 14, 2022
Chapters
Transcript
Episode notes
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Introduction
00:00 • 3min
The Shapiro's Critique of Positivism
03:13 • 2min
The Fundamentalist Critique of Legal Positivism
04:52 • 3min
The Importance of Social Facts in the Theory of Law
07:46 • 2min
The Role of Jurisprudence in Decision Making
09:55 • 2min
The Importance of Moral Opinions in Contracts
11:47 • 3min
The Importance of Community Standards of Fairness
14:36 • 3min
The Differences Between Rules and Rules
17:15 • 2min
The Importance of Due Process
19:30 • 2min
The Importance of Buying Lottery Tickets
21:09 • 2min
The Role of Judges in Interpreting the Law
22:46 • 2min
The Role of Judiciary in the Dobs Decision
24:32 • 2min
The Positivism of Judges
26:07 • 2min
The Positivism of Dworkin
28:03 • 2min
The Importance of Judgment
29:41 • 2min
The Role of Discipline in the Selection of the Best Men
31:32 • 2min
The Role of Discipline in Hard Cases
33:48 • 2min
Dworkin's Critique of Positivism
35:20 • 2min
The Relativist View of Judges in Hard Cases
36:53 • 2min
The Importance of Principles in Decision Making
38:36 • 2min