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Criticism of H.L.A. Hart`s Legal Positivism in the Philosophy of Law of Ronald Dworkin

Student: Koval Sofya

Supervisor: Alexander Pavlov

Faculty: Faculty of Humanities

Educational Programme: Philosophical Anthropology (Master)

Year of Graduation: 2018

This research refers to the modern Anglo-American philosophy of law, namely the Ronald Miles Dworkin’s (1931-2013) philosophy of law and his criticism of the Herbert Lionel Adolphus Hart’s (1907-1992) legal positivism. Ronald Dworkin is an American philosopher, one of the most cited jurists in the United States, the founder of his own interpretation law theory, a critic of the "ruling theory" (legal positivism), the author of really important works in modern philosophy of law such as "Taking Rights Seriously", "The Law’s Empire", and also other works devoted to issues of litigation, liberalism, problems of morality, democracy, justice, religion and hard constitutional cases. His criticism of legal positivism grew into an extended discussion, which is known as a «Hart-Dworkin debate». It became a powerful theoretical impact for the development of the critics of legal positivism in the conditions of its theoretical domination, as well as the emergence of a new wave of anti-positivism. Due to this discussion Dworkin created philosophy of law which is highly appreciated by philosophers and lawyers.

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