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Thesis

Adjudication and discretion

Abstract:

This thesis is mainly a critical examination of Professor R.M. Dworkin's recent attack upon the theory of judicial discretion. Dworkin is concerned to attack the theory in all of its forms, but he uses Professor H.L.A. Hart's version as his principal target. The examination therefore concentrates on Dworkin's attack upon Hart.

Following a short Introduction, Hart's theory of adjudication andits constituent theory of judicial discretion are investigated in chapter two. In the remaini...

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Division:
HUMS
Role:
Author
Type of award:
DPhil
Level of award:
Doctoral
Awarding institution:
University of Oxford
UUID:
uuid:04e5f1dd-0204-48e4-8eaa-44f093821409
Deposit date:
2017-06-07

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