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Hart and Dworkin : Comparative Analysis Concept Discretion

Author: WangYanPeng
Tutor: TangYongChun
School: Heilongjiang University
Course: Legal Theory
Keywords: Hart Dworkin free discretion view
CLC: D909.1
Type: Master's thesis
Year: 2011
Downloads: 88
Quote: 0
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Abstract


Hart, the founder of new analytical jurisprudence, constructed the self-consistent system composed of the open structure theory of legal system, "admitted Rules "theory and free discretion theory on the basis of the separation of legal and moral conception by means of sociological method and semantic approach in term of descriptive perspective. While the theory was constructing and amending, entirety moral theory raised by Professor Ronald Dworkin, a famous American contemporary jurist, was also developed. In virtue of different comprehension between law and properties of moral ontology, Dworkin has totally opposite interpretations in a good many aspects with Hart such as the entirety and definition of the legal system, free discretion theory. This paper focus on argument in relation between law and moral betwixt Hart and Dworkin, sorts relevant theoretical contents and analyzes relevant bone of contentions. The comparison in free discretion view of Hart and Dworkin is the stress of this paper. Summarizing their positive significance to the administration of justice respectively aims at providing a more useful guide for justice practice.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas > World
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