Pine Tar and the Infield Fly Rule: An Umpire's Perspective on the Hart-Dworkin Jurisprudential Debate

William Blake
2015 Social Science Research Network  
What is law? Though on its face this question seems simple, it remains an incredibly controversial one to legal theorists. One prominent jurisprudential debate of late occurred between H.L.A. Hart, a positivist, and Ronald Dworkin, an interpretivist. While positivism, at its core, holds the law is a set of authoritative commands, Dworkin rejects this reflexive approach and instructs judges to incorporate and advance communal norms and morals in their decisions. In baseball, umpires utilize both
more » ... legal theories, depending on the type of rule they are asked to interpret or enforce. I conclude that, like umpires, most citizens are not dogmatic about either legal theory.
doi:10.2139/ssrn.2644034 fatcat:qvkonl6h3vcm7clizrhn6jraru