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Hart, Legal rules and palm tree justice
Journal article

Hart, Legal rules and palm tree justice

Abstract

In this paper I defend a ‘liberal’ theory about how legal rules can and ought to be interpreted. The theory emerges from a critical examination of H. L. A. Hart's influential views on the limited but unavoidable indeterminacy of legal rules. I begin with a brief sketch of Hart's early theory (as it is traditionally understood) offering various suggestions as to how it might usefully be modified. Next, several possible objections to my …

Authors

Waluchow WJ

Journal

Law and Philosophy, Vol. 4, No. 1, pp. 41–70

Publisher

Springer Nature

Publication Date

April 1985

DOI

10.1007/bf00208261

ISSN

0167-5249