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Essay

THE METHODOLOGY PROBLEM IN JURISPRUDENCE

Essay specific features

 

Issue:

Philosophy

 

Written by:

David C

 

Date added:

January 30, 2012

 

Level:

University

 

Grade:

A

 

No of pages / words:

38 / 10365

 

Was viewed:

566 times

 

Rating of current essay:

 
Essay content:

Hart's final word on that debate is now available to us in the posthumously published 1994 "Postscript" to The Concept of Law, while Dworkin has not published anything substantially new about the debate since his book Law's Empire in 1986. The moment now seems opportune to step back and ask whether the Hart/Dworkin debate deserves to play the same organizing role in the jurisprudential curriculum of the twenty-first century that it played at the close of the twentieth...
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I am inclined to answer that question in the negative, though not, to be sure, because I can envision a jurisprudential future without Hart's masterful work at its center. Rather, it seems to me--and, I venture, many others by now--that on the particulars of the Hart/Dworkin debate, there has been a clear victor, so much so that even the heuristic value of the Dworkinian criticisms of Hart may now be in doubt...
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General issues of this essay:
Jurisprudence or Jurispru"don'ts"? Forecasting Methodology just in time methodology Medical Jurisprudence Research Methodology Research methodology systems methodology TQM Model and Methodology Methodology Research Methodology THE METHODOLOGY PROBLEM IN JURISPRUDENCE jurisprudence The Jurisprudence of Race and Meritocracy Methodology The Methodology Used in Amex
 

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