Did the court create a legal? By H.L.A. Hart with Ronald M.Dworkin

Abstract

In issue Did the court create a legal? By H.L.A. Hart with Ronald M.Dworkin in Legal Positivism School with Ronald M.Dworkin in Natural Law School. To Analyse the Issues "The court is the creator of the law or a court is a researcher for the legal principle only". H.L.A. Hart discussed about the court is the creator of the law that judge can create the legal in complex case, it makes primary and secondary legislation is not sufficient to enforce or used as a reason for any decision. That case is except situation,the judges have the opportunity to use discretion. "create law" by the "search a reason or create a reason" to support the trial judge. It may do similar "The creation of the law" it makes the judgment has end. Ronald M.Dworkin view that judges have the duty to "Search principle” in complex cases or problem of "Gap in the law". A judge must always realize that their duty to search. "Legal principle" and must understand that the law does not specifically in letter and appear in the Act only. Therefore the judge must have a duty to find "Legal principle" not only "Create a legal."