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In Defense of Legal PositivismLaw Without Trimmings$
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Matthew H. Kramer

Print publication date: 2003

Print ISBN-13: 9780199264834

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199264834.001.0001

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

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

Chapter:
(p.128) 6 Also among the Prophets: Some Rejoinders to Ronald Dworkin’s Attacks on Legal Positivism
Source:
In Defense of Legal Positivism
Author(s):

MATTHEW H. KRAMER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199264834.003.0006

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

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