Ep. 304: Dworkin v. Hart on Legal Judgment (Part One) | The Partially Examined Life Philosophy Podcast | A Philosophy Podcast and Blog (opens in new tab)

Subscribe to get parts 1 and 2 of this now, ad-free. On Ronald Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007). How do judges make decisions in hard cases? When the law doesn't definitively decide an issue, do judges just draw on their personal moral judgments? Dworkin says no, that moral principles are built into the legal principles which guide judges, even if these principles are not written out in legal rules...