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In recent years a new challenge to positivism has been issued in the form of several articles by Professor Ronald Dworkin which both raise objections to positivism and attempt to provide an alternative. Professor Dworkin's new theory, the "rights thesis," is distinctive because of three attributes-institutional autonomy, absence of judicial discretion, and lack of judicial originality-which he evidently believes answer his objections to positivism. This Article is not so much a defense of positivism as an attempt to show that the rights thesis does not possess, by virtue of these three characteristics greater normative or descriptive appeal.

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