*This is theoretical disagreements, Dworkin argues that this is inconsistent with the "pedigree thesis", which accounts for the concept of law, you will recall by reference to … This contention directly challenges, and threatens to undermine, the positivist picture about the nature of law, in which legality is never determined by morality, but solely by social practice. Hart over the concept of law looms large over the literature on legal theory. A Critical Adjudication of the Hart-Dworkin Debate Tommaso Pavone (tpavone@princeton.edu) 10/9/2014 I. Synopsis The debate waged between Ronald Dworkin and H.L.A. First, legal principles are sometimes binding on judges simply because of their intrinsic moral properties and not because of their pedigree. Indeed, Dworkin's one right answer thesis must be evaluated in light of his systematic effort to reconstruct the essential features of complex advanced legal systems, in general, and of the practice of adjudication within such systems, in particular. Ronald Dworkin rejects positivism’s Social Fact Thesis on the ground that there are some legal standards the authority of which cannot be explained in terms of social facts. The foregoing analysis discloses a number of disquieting implications for the relationship between the legal order and the moral order. Law as Integrity. Dworkin's basic strategy throughout the course of the debate has been to argue that, in one form or another, legality is ultimately determined not by social facts alone, but by moral facts as well.

The concept of Law as Integrity is a key to Dworkin’s Constructive Interpretation of legal practice. Dworkin alleges that the Pedigree Thesis must be rejected for two reasons. A Google Scholar search for the terms “Hart-Dworkin…

Legal Positivism and the Separation Thesis An Assessment of the Positivist Critique of the Natural Law Claim that Law and Morality are Inseparable The central claim in the positivist approach to the place of morality is that the law draws its authority from the legitimacy of the law-making body and that this has nothing to… Thus, a test for legality may satisfy the Pedigree Thesis and still not be a rule of recognition in Hart's sense What was the purpose of HENNINGSEN V BLOOMFIELD MOTORS According to Dworkin, Henningsen was not an aberration. Dworkin then provides a third theory of law, which he believes not only better represents what actually happens when judges decide cases but is also a morally better theory of law.