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"Law is a seamless system with its own autonomy. It provides one correct answer to any cases, difficult or not, by application of its rules, precedents, principles and spirit" analyze and give opinion.
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"Law is a seamless system with its own autonomy. It provides one correct answer to any cases, difficult or not, by application of its rules, precedents, principles and spirit." I INTRODUCTION In this article, I will try to analyze the above statement by using Ronald Dworkin's and Herbert L. A. Hart's theories respectively before turning to my opinion. Essentially, the statement is identical to the Theory of Adjudication of Dworkin who pictures law as a gapless legal universe in which there is always a correct answer. On the other hand, Dworkin's former teacher and predecessor as Professor of Jurisprudence at Oxford University, Hart, holds a completely opposite view. He argues that rules are "open-textured" and the judges fill in the gaps left by rules by using their discretion. As Dworkin's theory involves and is based on a great deal of criticisms of Hart's theory, it would be more desirable to analyze Hart's...
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