The Participant Perspective
52 Pages Posted: 14 Feb 2011
Date Written: September 19, 2002
A discussion of the methodology of legal theory and its implications for jurisprudence. Methodological differences between Hart, Dworkin and Raz are highlighted through an examination of Hart's idea of the perspective of the participant in the legal system and the light it throws on the law. The analysis reveals how Dworkin and Raz share a prescriptive approach that can be contrasted with Hart's descriptive approach. I discuss how the methodology of these theorists informs their substantive positions as well as the debate between exclusive and inclusive positivism. Ultimately, I suggest how these mutually exclusive approaches complement each other.
Keywords: Hart, Dworkin, Raz, legal theory, jurispridence, methodology, inclusive, exclusive, positivism, complementarity, prescriptive, descriptive
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