By Reidar Edvinsson
My dissertation for LLD (or JSD) Att beskriva rätten (To Describe Law), which was once written less than my bachelor surname of Andréasson, was once offered for public exa- country on Nov four, 2004. given that then the textual content has been constructed in separate instructions. at the one hand, 3 of the chapters were made extra available to scholars of jurisprudence and feature been integrated within the moment variation of the te- e-book Rättsfilosofi, samhälle och ethical genom tiderna edited via Joakim Nergelius. however, the full dissertation has been revised, translated and released because the current publication. within the time that has handed in view that my dissertation, many stuff have replaced. at the own point, my buddy and show, Aleksander Peczenick, was once unfortunately taken clear of my circle of co-workers. unlike that unhappy occasion, i've got spent nine-month sessions on paternity depart, elevating my young children, Selma and Bernhard. This earlier yr, i've got determined to maneuver from idea to perform and feature got to work in a courtroom of legislations. in the course of my paintings at the dissertation, I had the chance to spend a worthwhile time period at Rutgers college in Camden, NJ vacationing Professor Dennis Patterson. seeing that this ebook is a continuation of that undertaking, it feels applicable to copy my because of Professor Patterson and STINT (The Swedish starting place for foreign Cooperation in examine and better schooling) for making that stopover at possible.
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In such cases, it is likely that we feel obliged rather than obligated. An assumption of agreement of this kind raises two major questions. We must ask how such an agreement is manifested. There is certainly no explicit expression 9 It should be kept in mind that Hart’s aim is not to help us find out what our legal obligations are. His intention is rather to explain the nature of our legal obligations. 10 In his criticism of imperative theory, it might just be the lack of attention to such matters of authority that is most objectionable to Hart.
As far as there is agreement on the legal issues, this might seem sensible. However, when officials disagree, and when we think they make mistakes, it becomes harder to accept their authority. In such cases, it is likely that we feel obliged rather than obligated. An assumption of agreement of this kind raises two major questions. We must ask how such an agreement is manifested. There is certainly no explicit expression 9 It should be kept in mind that Hart’s aim is not to help us find out what our legal obligations are.
If anything, these difficulties are even worse for Dworkin, than for conventionalists of the other kind. 2 Consensus of Independent Conviction Dworkin’s second objection to conventionalism can be argued to indicate a way of distinguishing Dworkin’s demand for consistency from conventionalism. He claims that when it comes to explaining the legal culture and the role of norms in law, an explanation in terms of a consensus of independent conviction is better than an explanation in terms of convention.