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
    []