Dworkin, Hart, and the Problem of Theoretical Perspective

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Law and Society Review. Volume 14, Issue 1 (1979), p. 57-82.


The following article analyzes the dispute between legal philosophers Ronald Dworkin and H.L.A. Hart over the nature of legal rights. The author argues that central to this dispute is a pervasive methodological problem of social theory, the "problem of theoretical perspective." He makes use of a distinction between "internal" and "external" perspectives to defend what he conceives to be Hart's more fully social approach to the conceptualization of legal rights.

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