Jurisprudence and the Philosophy of Law

Focussing on two US Supreme Court decisions, Sweatt v. Painter and DeFunis v. Odegaard , Ronald Dworkin examines the constitutionality of r...

When laying down the framework for the basic debate between positivism and natural law, Hart thinks it necessary to clarify, first, what the...

1. Law is a union of primary and secondary rules. 2. A primary rule is one that imposes an obligation or a duty. 3. A rule is said to impose...

While formulating his theory of law, it was one of Hart’s primary concerns to address the deficiencies in John Austin’s “command theory.” Au...

This essay will focus on the nature and adequacy of Hart’s objections to Austin’s “command theory of law.” Austin defined the law as “the co...