'Hard' cases in 'wicked' legal systems

A central debate in jurisprudence concerns the nature of the judicial obligation in 'hard' cases ones that turn on con- tested points of law. The legal positivists hold that judges have to exercise a discretionary power, not ultimately constrained by law, to decide such cases. Ronald Dwork...

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Bibliographic Details
Main Author: Dyzenhaus, David Ludovic
Published: University of Oxford 1989
Subjects:
340
Online Access:http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.253804