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Discricionariedade e Decisão Judicial: Entre Hart e Dworkin
| Content Provider | Semantic Scholar |
|---|---|
| Author | Souza, Nathalia Karollin Cunha Peixoto De |
| Copyright Year | 2016 |
| Abstract | This work intends to analyze the theory of Hart and Dworkin regarding primarily to the following items: rules, recognition rules, principles and judicial discretion. We will make an attempt to validate the dworkian interpretation, as opposed to the hartian, as the best form of considering and applying the law. And the best way of implementing the law is one that excludes or limits the cases of discretion in the court decision. The principles indicated by Dworkin allow it, as well as explicit capacity they provide a justification for the law. |
| Starting Page | 67 |
| Ending Page | 83 |
| Page Count | 17 |
| File Format | PDF HTM / HTML |
| DOI | 10.26668/indexlawjournals/2525-9601/2016.v2i1.363 |
| Volume Number | 2 |
| Alternate Webpage(s) | http://indexlaw.org/index.php/teoriasdireito/article/download/363/362 |
| Alternate Webpage(s) | https://doi.org/10.26668/indexlawjournals%2F2525-9601%2F2016.v2i1.363 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
