Judicial Legislation v Legal principles: A "hard case" to decide

Donovon Dorsett

This paper is an ingenuous look at the Hart/Dworkin, positivist/non-positivist debate, using such as a forum for the analysis of the Riggs v Palmer case.  The writer seeks to assert that, in deciding such a 'hard case' where the peculiar facts of the case go beyond the exact letter of the law, the judges must of necessity utilize non-rules or legal principles in reaching their decision, and again reasserts the proposition that there can be no severance of law from morals.
Section: Articles