What makes an argument good or bad in a court case? Can court decisions be justified by purely rational arguments or are they ultimately determined by more subjective influences? These questions are at the heart of the study of law and are critically examined in this book. Since its first publication in 1979, this book has established itself as a classic of legal philosophy. This study focuses on the current jurisprudential debate between Herbert Hart`s “positivist” views and Ronald Dworkin`s “thesis of rights.” MacCormick provides a critical analysis of Dworkin`s position while modifying Hart`s. It presents itself as a contribution to a vast literature. Now available in paperback and with a new foreword by the author, this popular book will continue to be useful to students and professors of law, legal theory, and philosophy. Enter your library card number to sign in. If you are unable to log in, please contact your librarian. Former Regius Emeritus Professor of Public Law and Nature and Nations Law at the University of Edinburgh Some societies use Oxford Academic`s personal accounts to grant access to their members. See below.

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