Dworkin's Main Criticisms of Hart's Theory Essay

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Dworkin’s Main Criticisms of Hart’s Theory
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
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In his text, Law's Empire Dworkin's theory focuses on the methods that judges use to decide cases and refers to the law as integrity. Judges recognize the principles which would best fit with settled legal doctrines and laws and then provide a moral justification for them . Hart, therefore, indicates that the fact that moral grounds have to be indicated for the filling of gaps where the law has had no intervention means that there is a deep correlation between law and morality. According to Dworkin's arguments, in order to make a determination as to which facts are legal grounds in a particular system, interpreters of such must engage themselves in constructive analysis. Dworkin's criticized the rules based approach because it failed to incorporate certain crucial principles which are an important aspect of Dworkin's theory. Since, in cases where judges are not guided by rules, Hart is of the opinion that the law contains right answers where judges are guided by the principals rather than their own.
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…

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