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Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser
Buffalo Law Review
No abstract provided.
Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper
Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper
Book Chapters
Confronted with standards beyond those obvious in purpose and rule, the positivist, says Dworkin, has two choices. He must either claim that such standards are only discretionary and hence not legally binding, or he may concede their binding status and argue that he identifies them as legal standards through reference, in some more complex way, to his theoretical master test.
There is, however, a third possibility. The positivist might admit that some standards bind judges but explain that they play a role in the legal system sufficiently different from that of ordinary rules and principles to justify excluding them from …
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.