Herbert Hart and the Semantic Sting

Abstract:     
Ronald Dworkin has argued that H.L.A.Hart's theory of law is based on a 'criterial' semantic theory, which disfigures his theory of law because it can give no adequate account of 'theoretical' disagreement as to the content of the law. I conclude that a sound theory will reject criterial semantics. But Hart did not have a criterial semantic theory. His theory can make sense of genuine theoretical disagreement. To Hart, theoretical disagreement is explicable as deep disagreement as to the use of paradigms. I also conclude that a sound theory cannot accept two distinctive claims of Law's Empire: that no paradigm of an abstract concept is secure from the interpretive process, and that abstract words are not vague.

Number of Pages in PDF File: 20

Keywords: jurisprudence, Hart

Accepted Paper Series