【作者】德沃金,L.

【内容提要】

We are used to summing up our troubles in the classic questions of jurisprudence: What is "the law"? When two sides disagree, as often happens, about a proposition "of law," what are they disagreeing about, and how shall we decide which side is right? Why do we call what "the law" says a matter of legal "obligation"? Is "obligation" here just a term of art, meaning only "what the law says"? Or does legal obligation have something to do with moral obligation? Can we say that we have, in principle at least, the same reasons for meeting our legal obligations that we have for meeting our moral obligations?

【关键词】Positivisim; Rules, Priciples and Politics; Discretion