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2012

Law and Philosophy

Indonesia Law Review

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The Controversy About The Essence Of Law: A Dispute Between Hart And Dworkin, Petrus Ckl Bello Apr 2012

The Controversy About The Essence Of Law: A Dispute Between Hart And Dworkin, Petrus Ckl Bello

Indonesia Law Review

Does the law merely contain rules? Or does it also include morality? The debate between H.L.A. Hart and Ronald Dworkin revolved around this very issue. Hart considered the law is nothing more than a set of rules whereas Dworkin believed that the law contains not only the rules but also principles which are morality and justice. This paper is trying to explore the issue of the relationship of law and morality in the context of this debate between Hart and Dworkin. The debate itself is very significant in the study of law. Following their arguments we can learn a lot …