Dworkin, Hart, and the Problem of Theoretical Perspective
Year: 1979
Type: article
Abstract: The following article analyzes the dispute between legal philosophers Ronald Dworkin and H.L.A. Hart over the nature of legal rights. The author argues that central to this dispute is a pervasive methodological problem of social theory, the “problem of theoretical perspective.” He makes use of a distinction between “internal” and “external” perspectives to defend what he conceives to be Hart's more fully social approach to the conceptualization of legal rights.
Source: Law & Society Review
DOI: 10.2307/3053109
Author: Michael Mandel
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2018029003