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Rules, Principles, Algorithms and the Description of Legal Systems
Authors:STEPHEN UTZ
Affiliation:University of Connecticut School of Law 65 Elizabeth Street Hartford, Connecticut 06105 U.S.A.
Abstract:Abstract .
Although the Hart/Dworkin debate has as much to do with Dworkin's affirmative theory of judicial discretion as with Hart's more comprehensive theory of law, the starting point was of course Dworkin's attempt to demolish the "model of rules," Hart's alleged analysis of legal systems as collections of conclusive reasons for specified legal consequences. The continuing relevance of this attack for the prospects for any theory of law is the subject of the present essay.
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