meta_pixel
Tapesearch Logo
Log in
The Partially Examined Life Philosophy Podcast

Ep. 304: Dworkin v. Hart on Legal Judgment (Part One)

The Partially Examined Life Philosophy Podcast

Mark Linsenmayer

Philosophy, Society & Culture

4.62.3K Ratings

🗓️ 14 November 2022

⏱️ 41 minutes

🧾️ Download transcript

Summary

On Ronald Dworkin's "The Model of Rules" (1967) and Scott J. Shapiro's "The 'Hart-Dworkin' Debate: A Short Guide for the Perplexed" (2007).

How do judges make decisions in hard cases? When the law "runs out" and doesn't definitively decide an issue, do judges then just draw on their personal moral judgments? Dworkin says no, that moral principles are (contra Hart) built into the legal principles which guide judges, even if these principles are not written out in legal rules.

Get more at partiallyexaminedlife.com. Visit partiallyexaminedlife.com/support to get ad-free episodes and tons of bonus discussion.

Transcript

Click on a timestamp to play from that location

0:00.0

You're listening to the partially examined life, a podcast by some guys read one point

0:11.3

set on doing philosophy for a living but then thought better of it.

0:14.4

Our question for episode 304 is something like how do judges make decisions in hard cases?

0:20.1

And we read Ronald Dworkin's article The Model of Rules from 1967 and a secondary source,

0:26.1

the Hardest Working Debate, a short guide for the perplexed by Scott J. Shapiro from 2007.

0:31.6

For more information, please visit partiallyexaminedlife.com.

0:34.9

This is Mark Linton-Meyer, exhausted by the linguistic limits of some particular phrase in Madison, Wisconsin.

0:40.0

This is Seth Paskin acting on principle and not policy in Austin, Texas.

0:44.8

This is Wes Aulon, not controlled by any established rule, but exercising discretion in Cambridge, Massachusetts.

0:51.6

This is Dylan Casey maintaining discretion in Madison, Wisconsin.

0:55.5

So this is on the Hardest Dworkin Debate.

0:58.1

I was inspired to do this.

0:59.1

We watched some of these Jeffrey Kaplan videos on YouTube explaining Hardest Concept of Law

1:04.4

for our last episode.

1:06.8

And his next one in the series was on the Hardest Dworkin Debate.

1:09.7

And we had already planned to read some Dworkin for this upcoming episode on only

1:13.4

numerated rights where we will consider the most recent abortion ruling.

1:18.5

So this seems like a great piece of connecting tissue, but it's complicated in that there

1:23.0

were several articles between Dworkin and not so much heart, but hearts followers back

1:28.9

and forth for many years starting with this one that we read, the Model of Rules 1967,

1:34.9

concluding with this book from the 80s laws empire that I didn't want to pull out.

1:39.6

But I happened to googling around find this Shapiro article, which sums up everything.

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from Mark Linsenmayer, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Mark Linsenmayer and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2026.