Chapter

Also among the Prophets: Some Rejoinders to Ronald Dworkin’s Attacks on Legal Positivism

MATTHEW H. KRAMER

in In Defense of Legal Positivism

Published in print March 2003 | ISBN: 9780199264834
Published online January 2010 | e-ISBN: 9780191705229 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199264834.003.0006
Also among the Prophets: Some Rejoinders to Ronald Dworkin’s Attacks on Legal Positivism

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This chapter responds to Ronald Dworkin’s numerous criticisms of H. L. A. Hart’s legal positivism. It first lengthily challenges Dworkin’s model of adjudication and law-ascertainment, and then repels his efforts to establish necessary connections between law and morality. His efforts, like those of Detmold (examined in Chapter 5), have run together the distinct dimensions of morality.

Keywords: Ronald Dworkin; H. L. A. Hart; legal positivism; natural law; adjudication; law-ascertainment; Rule of Recognition; interpretation

Chapter.  33899 words. 

Subjects: Jurisprudence and Philosophy of Law

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