Dworkin's Main Criticisms of Hart's Theory Essay
The concept of law is an important philosophical subject in legal jurisprudence that has provoked debate in previous years, especially between Hart and Dworkin’s . Hart's theory was contained in the Book, the Concept of Law that provided a general and normative description that explained the notion of law. Herbert L.A Hart is famous for his legal philosophy that sought to define the concept of law. He redefined jurisprudence and established a line of inquiry in philosophy regarding the concept of law. Dworkin’s criticisms of Hart’s arguments have a focus on the doctrine of judicial discretion and the separation of morality and the law.
Hart’s position as a rule based approach that included the …show more content…
Within the legal context, a number of elements come into operation. First the central aspect is the law. The second aspect is the source of the law and finally there is the analysis of the law. The source of the law essentially refers to where the law came from. Within the social context laws are made by man and in this case it is a legislative making body such as parliament . The making of the law has a number of