Study Questions on Shapiro on the Hart-Dworkin Debate and Hart's Postscript
Scott J. Shapiro's paper "The 'Hart-Dworkin' Debate," Shapiro draws a
distinction between Dworkin's first and second critiques of Hart. What
are the critiques, the differences between them, and why is the second
(according to Shapiro) more effective than the first?
How does Dworkin's theory of law account for theoretical disagreements?
How is Dworkin's solution different from simply speaking about how the
law ought to be?
3) Hart has a good deal to say about his method
of conceptual analysis on pp. 245-46. What is this method and how is it
different from the one that Dworkin attributes to him?
4) What is the difference between Hart's "soft" positivism and Dworkin's approach?