Publication Type

Journal Article

Version

publishedVersion

Publication Date

1-1990

Abstract

This article attempts to demonstrate, via the famous Hart-Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although I argue that Dworkin's views are not, in the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views.

Discipline

Contracts | Jurisprudence

Research Areas

Corporate, Finance and Securities Law

Publication

Ratio Juris: An international journal of Jurisprudence and Philosophy of Law

Volume

3

Issue

3

First Page

385

Last Page

398

ISSN

0952-1917

Identifier

10.1111/j.1467-9337.1990.tb00068.x

Publisher

Wiley

Additional URL

https://doi.org/10.1111/j.1467-9337.1990.tb00068.x

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