Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence

@article{Leiter2003BeyondTH,
  title={Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence},
  author={B. Leiter},
  journal={The American Journal of Jurisprudence},
  year={2003},
  volume={48},
  pages={17-51}
}
  • B. Leiter
  • Published 2003
  • Philosophy
  • The American Journal of Jurisprudence
For three decades now, much of the Anglo-American legal philosophy curriculum has been organized around something called the Hart/Dworkin debate, a debate whose starting point is Ronald Dworkin's 1967 critique of the seminal work of Anglophone jurisprudence in the twentieth-century, H.L.A. Hart's 1961 book, The Concept of Law. This essay reviews the Hart/Dworkin debate and argues that it no longer deserves to play the same organizing role in the jurisprudential curriculum of the twenty-first… Expand
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