About this document
Dworkin by Raeesah Van De Rhede is a document available to read on EtoBox.
Ronald Dworkin identifies three central tenets of legal positivism in his work "The Model of Rules": 1) The law of a community consists of a set of special rules identified by their pedigree rather than their content. 2) Judges inevitably exercise discretion when adjudicating hard cases where legal rules run out, relying on extra-legal standards. 3) One has a legal duty only if one is the subject of a valid legal rule requiring or prohibiting something. Dworkin argues against this view, claiming that
- Author
- Raeesah Van De Rhede
- Language
- EN