What is a "hard case"?
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Intro: The ideal of the so called "hard case" defined by Professor H.L.A Hart dethrones the pure positivists theory that judicial decisions cannot be the mechanical "slot machine". Due to this controversial nature of law Hart suggests there exists a boundary where the desired outcomes can be reached from pure reference to precedent and legislation to where a judge has to interpret statutes and therefore use 'creative legislation' in which they constitute new law through "extra-legal standards". In direct opposition to these beliefs Professor Dworkin refutes the idea of judges being given "legislative freedom" consequently stating judges merely apply the "principles" behind the entirety of the legal body in their judgements. Though conceding that there exists cases where controversial decisions are to be reached, he views the judicial system and the 'real world' as being coercive, implying that within his "legal principles" is the framework that encapsulates the moral, religious and...


