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Jurisprudence Essay Question

Is the Hart/Dworkin debate relevant to legal practice? Does it make a difference to lawyers' arguments and judges' decisions if one or the other theorist is right?
there's no debate lmao
Reply 2
Original post by EU Yakov
there's no debate lmao

explain this please, also how are their theories relevant to legal practice?
Original post by ssomani2000
explain this please, also how are their theories relevant to legal practice?

https://harvardlawreview.org/2017/06/the-debate-that-never-was/

it's relevant to the sort of arguments made by a lawyer in an appeals court - that is, if you believe that the two genuinely disagreed

come on - i studied this 5 years ago and i remember it - it's not rocket science
(edited 3 years ago)
Reply 4
Original post by EU Yakov
https://harvardlawreview.org/2017/06/the-debate-that-never-was/

it's relevant to the sort of arguments made by a lawyer in an appeals court - that is, if you believe that the two genuinely disagreed

come on - i studied this 5 years ago and i remember it - it's not rocket science

Alright no need to be bossy, I was asking for help and i only am just being taught this
Reply 5
what’s Hart’s theory of law? what’s Dworkin’s theory of law? are you struggling to understand the theories because yes clearly both relevant (they’re both on law) but maybe or maybe not it makes a difference to judicial decisions. if the answer is no (and i’m not saying it is) then what other theory seems more likely on how judges make law? there are unlimited arguments in jurisprudence so you have to reach your own conclusion. there are no right answers; only good arguments.

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