Rules, Principles, Algorithms and the Description of Legal Systems
作者:
STEPHEN UTZ,
期刊:
Ratio Juris
(WILEY Available online 1992)
卷期:
Volume 5,
issue 1
页码: 23-45
ISSN:0952-1917
年代: 1992
DOI:10.1111/j.1467-9337.1992.tb00110.x
出版商: Blackwell Publishing Ltd
数据来源: WILEY
摘要:
Abstract.Although the Hart/Dworkin debate has as much to do with Dworkin's affirmative theory of judicial discretion as with Hart's more comprehensive theory of law, the starting point was of course Dworkin's attempt to demolish the “model of rules,” Hart's alleged analysis of legal systems as collections of conclusive reasons for specified legal consequences. The continuing relevance of this attack for the prospects for any theory of law is the subject of the present es
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