Dan Priel: Making Sense of Nonsense Jurisprudence

On 28 January 2021 at 17:00 (UK time), Dan Priel will present his paper 'Making Sense of Nonsense Jurisprudence'.

Abstract

Did Ronald Dworkin think morality is timeless? He did not. But he did think it was universal, right? No to that as well. Turning to jurisprudence, did he think that morality is a criterion of legal validity? No. But he thought morality is part of the law, didn’t he? Not quite. How can you say this? Is it not obvious that Dworkin was not a legal positivist, and does this not imply that he must have been a natural lawyer? Actually, he was neither. So you’re saying that Dworkin invented a new theory of law? No, his views are a version of a theory with centuries of history. Any other thoughts about Dworkin? Yes, he was a legal realist. Is this a joke? I assure you it’s not. This paper explains why, and why it matters.

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