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Dworkin's theory of law

Philosophy Compass 2 (2):267–275 (2007)

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  1. Dworkin's Theoretical Disagreement Argument.Barbara Baum Levenbook - 2015 - Philosophy Compass 10 (1):1-9.
    Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical disagreement has more than one version. (...)
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  • Dworkin and Phenomenology of the “Pre‐Legal”?Dean Goorden - 2012 - Ratio Juris 25 (3):393-408.
    Ronald Dworkin states in his preface to “Law's Empire” that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and that (...)
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