Philosophy of Law, Problems of [addendum] - Research Article from Macmillan Science Library: Plant Sciences

This encyclopedia article consists of approximately 20 pages of information about Philosophy of Law, Problems of [addendum].

Philosophy of Law, Problems of [addendum] - Research Article from Macmillan Science Library: Plant Sciences

This encyclopedia article consists of approximately 20 pages of information about Philosophy of Law, Problems of [addendum].
This section contains 5,860 words
(approx. 20 pages at 300 words per page)
Buy the Philosophy of Law, Problems of [addendum] Encyclopedia Article

One of the dominant issues in philosophy of law since Hart's main entry was published has been the dispute between Hart and Ronald Dworkin about the best way to characterize a legal system and the modes of legal reasoning (especially by judges) most appropriate to it.

Rules and Social Practices

The Rule of Recognition

Hart identified two main kinds of rules in a complex and mature legal system. There are rules that tell people what to do or not do (tax laws, criminal laws, traffic laws), and there are rules that tell people how to do certain kinds of things (in order to accomplish such legal transactions as making valid wills or binding contracts and conveying property). Among the latter kind of rules he identified a small set that he regarded as fundamental to all but the most...

(read more)

This section contains 5,860 words
(approx. 20 pages at 300 words per page)
Buy the Philosophy of Law, Problems of [addendum] Encyclopedia Article
Copyrights
Macmillan
Philosophy of Law, Problems of [addendum] from Macmillan. Copyright © 2001-2006 by Macmillan Reference USA, an imprint of the Gale Group. All rights reserved.