The debate between Dworkin and Hart about the Theory of Law

Authors

  • Daniel Huppes

Keywords:

Theory of Law, Open texture, Discretionary power, Constructive interpretation

Abstract

The aim of this article is to investigate the main considerations about the Theory of Law originating from the debate between Hart and Dworkin. Initially, it discusses the way Hart understands the Theory of Law, stressing the source of his “open texture” view on the conception of law and, consequently, the judges? discretionary power. Then it analyzes Dworkin?s main criticisms of Hart?s Theory of Law, as well as the way Dworkin thinks that the problems of the Theory of Law can be solved.

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Published

2013-09-29

How to Cite

HUPPES, D. The debate between Dworkin and Hart about the Theory of Law. Controvérsia (UNISINOS) - ISSN 1808-5253, São Leopoldo, v. 8, n. 2, p. 01–16, 2013. Disponível em: https://revistas.unisinos.br/index.php/controversia/article/view/5528. Acesso em: 21 may. 2025.

Issue

Vol. 8 No. 2 (2012)

Section

Artigos

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