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6. Post-Hart Analytical Philosophy of Law: Dworkin and Raz  

J. E. Penner and E. Melissaris

decide cases on grounds of policy. That may be so in the majority of cases, yet in D v National Society for the Prevention of Cruelty to Children and in other hard cases, judges

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9. Law and Adjudication  

J. E. Penner and E. Melissaris

idea that a ratio of a prior case can easily be distinguished in a current case, the idea being that the ratio of that prior case is particular to that case and it cannot be used as a

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8. Governing and Obedience  

J. E. Penner and E. Melissaris

Darwall, in every case of practical authority, the subject of the authority must owe an obligation to the authority to obey its directives. He uses as an example the case of a combined

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4. Hart: The Critical Project  

J. E. Penner and E. Melissaris

‘grudge cases’ reconsidered in 1950 (an account of the case is given in H. O. Pappe, ‘On the validity of judicial decisions in the Nazi era’ (1960) 23 MLR 60). Grudge cases were broadly

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7. The Building Blocks of Law: Norms and their Nature  

J. E. Penner and E. Melissaris

both these cases we have looked at the way that an individual’s behaviour can give rise to new norms, but obviously the generation of norms is not restricted to these cases. The power

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2. Natural Law  

J. E. Penner and E. Melissaris

approach which speaks very clearly to the modern age. This is particularly the case in its analysis of essential naturalist issues in terms of a modern discourse of rights. This is a highly

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1. What is Jurisprudence?  

J. E. Penner and E. Melissaris

philosophical and theoretical interest in the phenomenon of law. What are the defining or essential features of law and legal systems? Is there a moral obligation to obey the law? How do

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14. Feminist Legal Theory  

J. E. Penner and E. Melissaris

them to be treated differently. The first maxim of justice is ‘treat like cases alike, and different cases differently’, and so if men and women differ in significant ways, this must

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5. Hart’s Theory of Law  

J. E. Penner and E. Melissaris

in statutes, cases, and so on, but not to apply the rules found in the Bible. But that does not mean there is no uncertainty about what the rules in statutes and cases are or how they

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12. John Rawls’ Political Liberalism  

J. E. Penner and E. Melissaris

of representation’ …it describes the parties, each of whom is responsible for the essential interests of a free and equal citizen, as fairly situated and as reaching an agreement

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3. Classical Legal Positivism: Bentham, Austin, and Kelsen  

J. E. Penner and E. Melissaris

many cases in which sovereignty was transferred by Act of Parliament to newly independent former colonies, as in the case of Canada, Australia, India, and so on. In these cases there

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13. Marxist and Post-Marxist Theories of Law  

J. E. Penner and E. Melissaris

reveal the uncertainty of contract law. This means not only examining cases from the Court of Appeal, but also cases at first instance, as well as looking at the formation of contracts

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15. Postmodern Legal Theory  

J. E. Penner and E. Melissaris

fundamental, essential differences between those two language games and despite the fact that prescriptions cannot be deduced from descriptions, in other words what is the case can never

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I. Persistent Questions  

H. L. A. Hart

both clear standard cases and challengeable borderline cases. It is now a familiar fact (though once too little stressed) that this distinction must be made in the case of almost every

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14. Feminist theory  

commitment. 32 This would seem to be the case with most human experience, but it serves to drive feminist method away from essentialism and, perhaps, relativism, though I am less

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1. What’s it all about?  

there is no compelling case in favour of judicial decisions over those of legislators where rights are at stake. Judicial review therefore weakens essential democratic values and rights

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III. The Variety of Laws  

H. L. A. Hart

for a valid will, and the so-called sanction of ‘nullity’. In this case, if failure to comply with this essential condition did not entail nullity, the rule itself could not be intelligibly

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Postscript  

H. L. A. Hart

rule applies to a particular case the law fails to determine an answer either way and so proves partially indeterminate. Such cases are not merely ‘hard cases’, controversial in the sense

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5. Dworkin and law’s moral claims  

nding the essential nature and purpose of Hart’s rule of recognition. This arises mainly through Dworkin’s error in overlooking the fact that, in both hard and easy cases, judges share

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VIII. Justice and Morality  

H. L. A. Hart

its leading precept is often formulated as ‘Treat like cases alike’; though we need to add to the latter ‘and treat different cases differently’. So when, in the name of justice, we protest