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Anglo-Saxon tradition in philosophy of law

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In the United States, the influence of H. L. Hart (1907-1992) and Ronald Dworkin largely eclipse that of Kelsen. Under the term “legal philosophy”, the theory of Anglo-Saxon law closely links philosophy of law and jurisprudence. According to these authors, jurisprudence is defined as the theory and philosophy of law. Legal scholars, ie “legal philosophers”, wish to reach a deeper understanding of the nature of the law by studying the legal reasoning as well as the functioning of legal institutions. In France, the tradition derived from Montesquieu can be compared to this current.

In particular, Hart uses the tools of analytic philosophy to develop a specific approach to positivism, a current that has been criticized by Dworkin, who affirms the inherent link between law and morality.

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