Spór o pojęcie prawa : debaty Hart - Dworkin ciąg dalszy?
alternative title:
Dispute about the notion of law : Hart - Dworkin debate continued?
author:
Dyrda Adam
journal title:
Państwo i Prawo
volume:
69
issue:
4 (818)
date of publication
:
2014
pages:
3-18
ISSN:
0031-0980
language:
Polish
journal language:
Polish
abstract in English:
In 2014 we celebrate the 20th anniversary of publishing H.L.A. Hart’s ‘Postscript to The Concept of Law’, where Hart answers most thoroughly all of the important doubts raised against his theory by R. Dworkin. ‘Postscript’, however, did not cut off the discussions, but inspired new lines of arguments and critique. The article focuses on the main issues of the Hart-Dworkin debate that were discussed by their followers and critics, mainly after the publication of ‘Postscript’. Special attention is paid to methodological issues and the problem of theoretical disagreements. In this context some of the main arguments of such legal philosophers as J. Raz, A. Marmor, G. Postema, and J. Coleman are presented. In the end, a few misinterpretations (including the argument that legal positivism is a stagnant research programme in the sense of I. Lakatos) of legal positivists’ ideas are elucidated.