https://legal.excellentwiki.com/ca/legal-philosophy/Recent content in Legal Philosophy on ExcellentWiki - Legal EncyclopediaHugoen-USTue, 07 Jul 2026 00:00:00 +0000https://legal.excellentwiki.com/ca/legal-philosophy/canada-legal-philosophy/Tue, 07 Jul 2026 00:00:00 +0000https://legal.excellentwiki.com/ca/legal-philosophy/canada-legal-philosophy/<h2 id="the-hartdworkin-debate-and-canadian-jurisprudence">The Hart–Dworkin Debate and Canadian Jurisprudence</h2> <p>Canadian legal philosophy has been profoundly shaped by the international debate between <strong>H.L.A. Hart&rsquo;s legal positivism</strong> and <strong>Ronald Dworkin&rsquo;s interpretive theory</strong>. Hart&rsquo;s concept of law as a system of primary and secondary rules — whose validity is determined by a <strong>rule of recognition</strong> — found resonance among Canadian scholars drawn to its analytical rigour and its separation of law and morality. Dworkin, by contrast, argued that law includes not only rules but also <strong>principles</strong> that derive their force from the moral fabric of the political community, and that adjudication is a fundamentally interpretive exercise aimed at presenting the legal record in its &ldquo;best light.&rdquo;</p>