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This essay consist of Wolfenden committee’s report, the inquiry of Devlin about the report, analysis of HART’s individual rights, HART- Devlin debate and Dworkin’s full analysis of all the reports.
It is widely thought that jurisprudence has been dominated for decades by the 'Hart - Dworkin debate'. Yet some doubt that we can accurately characterize the disputes surrounding the nature of law that have unfolded over the last several decades as 'the Hart-Dworkin debate'.
Ten of his essays were collected in Essays on Bentham (1982). From 1973 to 1978 he was Principal of Brasenose College. In his last years he was much concerned to find a convincing reply to Dworkin's criticisms of his version of legal positivism. A sketch of Hart's reply is to be found in the postscript to the second edition of The Concept of Law.
Ronald Dworkin, Tom Bingham and the Rule of Law Modern jurisprudence has lost one of its most renowned intellectual heavyweights. Ronald Dworkin was the legal philosopher who really challenged HLA Hart’s “Concept of Law”, and in so doing, shaped many theoretical debates from the 1970s onwards.
Question: 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? Answer: There has over recent years been a debate between Hart and Dworkin over the concept of a Legal system. Hart a positivist.
The History and Foundations of Criticism of H.L.A. Hart’s Legal Positivism in R. Dworkin’s Philosophy of Law. Sofya V. Koval - 2019 - Russian Journal of Philosophical Sciences 62 (7):124-142. Sanction and Obligation in Hart's Theory of Law.
That is the claim, of course, that Hart challenges in the first sec-tion. (Dworkin here refers to a conference held in Jerusalem in March 1984, the proceedings of which have since been published. See ISSUES IN CONTEMPORARY LEGAL PHILOSOPHY (Ruth Gavison ed., 1987). Dworkin’s contribution to the collection, Legal Theory and the Problem.