Lập luận như vậy, thêm một nhóm thứ hai của các tay súng tay súng tại đỉnh của kim tự tháp của quyền lực, một sự bổ sung trong đó có các kết quả của biến pháp luật vào một loạt các trường hợp ngoại lệ, những người có thẩm quyền giải quyết trên cơ sở đặc biệt bằng cách giả vờsở thích của họ đại diện cho các yêu cầu của pháp luật. | 226 THE unity of public law that come before them and that their practice of giving reasons for their conclusions is an elaborate charade. Judges must accept that they work entirely in the penumbra and so must accept that the rule of law is their rule - the rule of judges and officials and thus largely the rule of an elite largely composed of men. The argument thus adds a second group of gunmen to the gunman at the apex of the pyramid of power an addition which has the result of turning law into a series of exceptions which those with authority deal with on an ad hoc basis by pretending that their preferences represent the requirements of law. While this theory is plausible as a sociological critique of the claims of the rule of law it cannot make sense of a project whose aspiration is to replace the arbitrary rule of men with the rule of law. In contrast incorporationist or inclusive legal positivists whose camp Hart belatedly joined try to make sense of the fact that law is a matter of principles as well as rules and of the fact that these principles are regarded by judges and other officials as determining their conclusions about what the law As Dworkin has pointed out this position looks like a wholesale capitulation to his critique of legal positivism except for the fact that it holds out as a kind of face-saving device the logical possibility that a legal order could exist in which principles did not play this role. But logical possibilities are of no use to judges or other officials and moreover we would have good reason to think that the order imagined by these positivists as a logical possibility would not have any serious claim to be a legal order. It is worth noting that exclusive legal positivism and unmodified ultra vires theorists are close cousins as are their adaptations in inclusive legal positivism and modified ultra vires theory. Both exclusive legal positivists and unmodified ultra vires theorists regard morality as playing a role .
