H. L. A. Hart

thinking that had long been considered dead and buried. Perhaps most notoriously, Dworkin combated the positivist theory of his former teacher and predecessor as Professor of Jurisprudence at Oxford University, H.L.A. Hart. When comparing the two, it is apparent that Dworkin and Hart disagree on a plethora of issues, however there exist several

organizations.” It will prove informative to intensify and study Sartorius’s position to provide a firmer grasp of Hart’s concept of the existence of a legal system and of the connection between this concept and Hart’s concept of law. Sartorius contends that Hart surely is aware of the inadequacy of defining law and morals in formal terms. The two minimum conditions for the existence of a legal system, Sartorius struggles, are relevant neither to Hart’s concept of a legal system nor to his concept of law: If

This paper will examine both H.L.A Hart and Ronald Dworkin’s position in the theories of law and will try to determine who has won the ‘famous’ debate between the two. Having considered both sides of the argument, I would have to say that Ronald Dworkin’s argument was better than H.L.A Hart’s argument. In applying both Dworkin and Hart’s theories of law, they come to very different conclusions in regards to the case of Riggs v. Palmer. According to Dworkin’s theory of law, judges do not solely

Hart's Theory When Hart began forming his legal theory a dominant view in legal theory literature was that law is best understood as the command of a sovereign to its subjects. The 'command' theory most actively propounded by, and identified with Austin, explained law as a matter of commands by a sovereign who is habitually obeyed by others, but who does not habitually obey others. There are regular patterns of obedience to these commands, and legal obligations exist

King, 1 Sheridan Louise King Midterm POL192b: Legal Theory 1. What is the difference between liberal and difference feminism? In order to differentiate liberal feminism from difference feminism, it is important to clarify on the outset the exact definition of each term. According to Martha Fineman (2005), feminism can be defined as a gender based theory focusing on challenging the assertions and assumption revolving gender neutrality. Specifically, feminism deals with the assumptions and values

understanding of the law. The relation of the analysis with the there theses is examined. In the last section the connection between law and morality is used to criticize the Coherence Thesis and Incorporation Thesis, supported by Dworkin and H.L.A. Hart respectively. He ends the essay with observations about the relation between legal theory, law and morality. Raz defends the

sources, while Natural law would be more inclined to favour features of reasonableness and the link between morality and law. There are two predominant groups of legal theorists being, Natural law theorists and Positive law theorists, John Austin and HLA Hart

Despite the many stated policies and programs that the world's best-known Internet sites have for protecting consumer information, it is in reality often sold to marketers or used as the basis for creating marketing services on their own (Dinev, Hart, 2006). Why this is such a threat to the legal foundations of the Internet is that it sets a very real threat of websites being able to collect and sell personal information and get away with

substantive contribution to an understanding of social life contributes to a fair and objective evaluative process. Its narratives should induce rational and intellectual thought that provokes additional inquiry and review in its readers. According to Jensen-Hart & Williams (2017), engaging in reflexivity allows for a greater sense of awareness of how each of us is similar, yet distinctly different. By continuing to critically analyze the self in social and cultural contexts we develop the habit of reflexivity

paper the most are knowledge and sociability, as the result of the case has a direct benefit on them and is, therefore, moral and legitimate. Legal positivists, however, disagree that morality has any place in determining what legitimate law is. H. L. A. Hart based much of his theory on the previous legal positivist John Austin’s work. Austin believed that laws obtain their legitimacy from the recognition of a society’s members in the authority of their unruled ruler. This unruled entity that enforces