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Jurisprudential Oaks From Mythical Acorns: The Hart‐Dworkin Debate Revisited, Andrew B.L. Phang
Jurisprudential Oaks From Mythical Acorns: The Hart‐Dworkin Debate Revisited, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This article attempts to demonstrate, via the famous Hart-Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although I argue that Dworkin's views are not, in the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views.
Whither Economic Duress? Reflections On Two Recent Cases, Andrew B.L. Phang
Whither Economic Duress? Reflections On Two Recent Cases, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
From its rather tentative and extremely recent beginnings, I the law relating to economic duress has developed at a relatively rapid pace during the last decade or so. We have had a series of decisions from various courts and jurisdictions* which, collectively at least, affirm the existence of the doctrine in English law. The pronouncements at the highest levels, however, have not purported to be definitive, and, as we shall see, have certainly not aided in a clarification and systematization of the doctrine of economic duress. The two recent decisions, which are the subject of the present comment, have merely …