Theoretical disagreement, legal positivism, and interpretation
2018
Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no account of Theoretical Disagreement. In this article I argue that legal positivism—as advanced by H.L.A. Hart—does not need an account of Theoretical Disagreement. Legal positivism does, however, need a plausible account of interpretation in law. I provide such an account in this article.
- Correction
- Source
- Cite
- Save
- Machine Reading By IdeaReader
15
References
1
Citations
NaN
KQI