David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Journal of Ethics 5 (3):199-219 (2001)
Widespread, deep controversy as to the content of the law of a community is compatible with the view that the law is a system of rules. I defend that view through a critique of Ronald Dworkin's discussion of Riggs v. Palmer 22 N.E. 188 (1889). Dworkin raised an important challenge for jurisprudence: to account for the fact that legal rights and duties are frequently controversial. I offer an explanation of the possibility of deep disagreement about the application of social rules, which reconciles controversy as to the content of the law, with the model of a legal system as a system of rules. And I discuss the implications for understanding the role of judicial discretion in law.
|Keywords||controversy disagreement indeterminacy legal validity principles rules social rules|
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Ralf Poscher (2009). Insights, Errors and Self-Misconceptions of the Theory of Principles. Ratio Juris 22 (4):425-454.
Stefano Civitarese Matteucci (2010). Is Legal Positivism as Worthless as Many Italian Scholars of Public Law Depict It? Ratio Juris 23 (4):505-539.
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