Hard Cases (Excerpt)

By: Ronald Dworkin

Dworkin starts by saying that what he is writing is a revision of an inaugural lecture he gave at Oxford. Moving forward, he says that in science, there is a theory that is focused on the growth of science, where it is argued that from time to time, the achievement of asingle man is so powerful and so original as to form a new paradigm, which changes a discipline’s sense of what its problems are and what counts as success in solving them. For one, he says that Hart introduced a paradigm for jurisprudence, that focused not only on one country but throughout the world. Dworkin the says that his essay is one of the many essays opposing such sentiment thrown by Hart.

Dworkin says that Hart’s influence has extended to both form and substance, and due to his clarity and contagious diction, there has been a perfect epidemicof absent-mindedness in imitation of the master. Dworkin clarifies this by saying: In his [Hart] hands, clarity enhances rather than dissipates the power of an idea.That is magic, and it is the magic that jurisprudence needs to work.

Leave a comment