The Hart-Dworkin debate reread in the light of social criticism
It explains six key points in the debate between Hart and Dworkin and connects the debate to two issues relevant to critical social theory. Discussion points are split in three circles. The outer circle concerns the existence of one (rules) or two (rules and principles) legal standards, as well as t...
| Autores: | , |
|---|---|
| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2022 |
| País: | Brasil |
| Institución: | Universidade Federal de Minas Gerais (UFMG) |
| Repositorio: | Revista de Ciências do Estado (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:periodicos.ufmg.br:article/41224 |
| Acceso en línea: | https://periodicos.ufmg.br/index.php/revice/article/view/e41224 |
| Access Level: | acceso abierto |
| Palabra clave: | HLA Hart Ronald Dworkin Hart-Dworkin debate Social criticism Debate Hart-Dworkin Crítica social |
| Sumario: | It explains six key points in the debate between Hart and Dworkin and connects the debate to two issues relevant to critical social theory. Discussion points are split in three circles. The outer circle concerns the existence of one (rules) or two (rules and principles) legal standards, as well as the existence and scope of a recognition rule. The middle circle touches on the themes of the meaning, breadth, and inevitability of judicial discretion and the relationship between law and morality. The inner circle, finally, involves the problem of theoretical disagreements and the differentiation between two types (descriptive and interpretive) of legal theory. The relevant problems for a critical social theory are, first, its relations with the stages of capitalism in general and liberalism in particular; and second, their respective positions concerning the achievements of the subaltern legal struggles of the 20th century. |
|---|