The Participant Perspective

52 Pages Posted: 14 Feb 2011

See all articles by Avner Levin

Avner Levin

Ryerson University, Ted Rogers School of Management

Date Written: September 19, 2002

Abstract

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

Suggested Citation

Levin, Avner, The Participant Perspective (September 19, 2002). Law and Philosophy, Vol. 21, No. 6, 2002. Available at SSRN: https://ssrn.com/abstract=1761282

Avner Levin (Contact Author)

Ryerson University, Ted Rogers School of Management ( email )

350 Victoria Street
Toronto, Ontario M5B 2K3
Canada

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