WebOct 1, 2006 · Abstract. In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’.This article questions the efficacy of Dworkin’s claims by challenging the use of … WebRonald Dworkin in Law’s Empire famously utilized what he described as the “semantic sting” to explain both why the concept of “law” is an essentially contestable concept and …
Hart and the Semantic Sting - SSRN
WebEnglish abstract: Ronald Dworkin once criticized legal positivists for that their theories are founded on a mistake called “the semantic sting”, which claims that legal philosophy, as a silent prologue to every decision of law, cannot be only a … WebIn his semantic sting argument, Dworkin claims that H. L. A. Hart’s theory of law is a consequence of Hart’s semantic views about how words (in particular the word “law”) get their meaning. According to Dworkin, Hart’s semantic theory was conventionalist—the meaning of the word “law” is determined by agreement. t-shirt business plan pdf
Law and Language (Stanford Encyclopedia of Philosophy/Winter …
WebI have been rereading the part about Dworkin's semantic sting but I do not see how it connects. From my interpretation, it seems Dworkin is saying legal positivism gives judges discretion to fill in the gaps for laws and has a legal convention (i.e. precedents). To me, those two concepts seem fine. WebBut the basis of legal validity, Dworkin argues, cannot be determined solely by the standards contained in the rule of recognition. This constitutes what he calls the ‘semantic sting’ of legal positivism: positivist arguments about the law are really semantic disagreements concerning the meaning of the word ‘law’. WebMar 3, 2024 · Dworkin rules out descriptive legal theory as misguided and useless (‘the flat distinction betweendescription and evaluation has enfeebled legal theory’). DWORKIN’S … t shirt business management software