Dr hab. Andrzej Grabowski
Jagiellonian University
English abstract: In his translator’s note to the H.L.A Hart’s paper New Challenge to Legal Positivism, Andrzej Grabowski describes the historical details of Hart’s Madrid lecture and the changes of the original Spanish text, introduced in the translation. He argues that Hart’s paper can be regarded as the prequel to the ‘Postscript’ from 1994, since the lecture deals with the criticism of Dworkin against the Hartian version of legal positivism and some important parts of them (from Section II) were in extenso included in the ‘Postscript’. The translator also emphasises the importance of Hart’s lecture as a text-source of information, which can be used in the contemporary debate on the inclusive legal positivism and for the critical reconstruction of Hart’s theoretical position.
Keywords: Herbert L. A. Hart, Ronald Dworkin, legal positivism, Hart-Dworkin debate
Language: Polish
Published: Numer 2(9)/2014, pp. 21-25
Download: Download
Number of downloads: 241