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A long, lost essay by H.L.A. Hart on “principle” and “policy” in adjudication…

has been published by the American Journal of Jurisprudencewhich has made it open access (hurrah!).  The most useful point the essay makes, which is certainly right, is that judges rely on what Dworkin called "policy" considerations in deciding cases, contrary to Dworkin.  Hart was really very tolerant of Dworkin's fabrications!

(Thanks to Jeff Pojanowski for the pointer.)

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