This suggests that the ideals of legality usually are not a mere charade however are instantiated within the regulation, if solely in a partial and incomplete kind. Thompson made this level in his argument for the common value of the rule of legislation.
Our Legal Theory Workshop, a yearly graduate and law scholar convention, and the bi-annual Herbert Morris Lecture in Law and Philosophy bring outstanding speakers to campus from across the academic world. Instead, Hart argues that his theory of law is “a descriptive account of the distinctive options of law in general as a complex social phenomenon” (Hart 1994, p. 246). Hart presents his concept, not as an account of how people apply the concept of law, but quite as an account of what distinguishes methods of law from other techniques of social rules. On Hart’s view, it is the presence of a rule of recognition establishing criteria of validity that distinguishes law from other systems of social guidelines. Thus, in accordance with Hart, Dworkin’s criticism fails as a result of it mischaracterizes positivism as offering a criterial explanation of the idea of law.
The Eurocentric and Western emphasis is not merely a matter of greater particularity in … Read More