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‘Outline Hart’s Reply To Dworkin In the Postscript To the Concept of Law. Do the Arguments Advanced By Hart Adequately Answer Dworkin’s Objections To the Positivist Conception of Law?’
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'OUTLINE HART'S REPLY TO DWORKIN IN THE POSTSCRIPT TO THE CONCEPT OF LAW. DO THE ARGUMENTS ADVANCED BY HART ADEQUATELY ANSWER DWORKIN'S OBJECTIONS TO THE POSITIVIST CONCEPTION OF LAW?' ADEEBA NASEEM JURISPRUDENCE WORD COUNT:1603 INTRODUCTION. There has over recent years been a debate between Hart and Dworkin over the concept of a Legal system. Hart a positivist is one who regards a law as being valid not by reference to some higher law or moral code, but by reason of no more than its existence1. Dworkin through his 'interpretive' theories of settled law and legal systems on the other hand, expounds that particular laws are not really laws. He has become the main critic of Harts thesis which is based on analysis and 'description'. Before his own death Hart advanced arguments to Dworkins objections of his positivist concept of law. My purpose here is to evaluate the replies given by Hart in the Postscript...
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