Concerning the Hart and Dworkin Debate - Law Teacher.
Dworkins Definition Of Legal Rules Law Public Essay.. judges need not pass any moral judgments when it comes to its application. In the light of Dworkin’s analysis of a model legal system, judges must simply treat like cases alike and declare the law as set in the books following precedence.. in taking over the role of the legislature.
Contrary to modern theorists such as Fuller and Dworkin, positivists hold the opinion that the properties of the law are exclusive of moral bearing and that laws are both made and enforced by men to regulate social, moral and normative interaction between men, thus leaving no place for individual morality in the execution of the law.
Introduction; This essay is compiled to review and apply Ronald Dworkin (Dworkin) theory and how his theory was incorporated to assist in constructing laws. In light of Dworkin’s theory, significant areas such as moral principles, legal principles, rights and rules will be explore to understand the influence that these attributes had, in essence of creating laws.
The concept of integrity should first be understood as an idea that law and morality are linked. However, the concept of integrity does well to expand this notion. “The law of a community is a set of special rules used by the community directly or indirectly for the purpose of determining which behavior will be punished or covered by the public power” (Dworkin 74).
Ronald Dworkin's The Moral Reading of the Constitution: A. This article was later reproduced as part of the introduction to RONALD. DWORKIN, FREEDOM'S LAW: THE. MORAL. READING OF THE AMERiCAN CONSTmTUTION (1996). 3. Dworkin, supra note 2, at 46.. The Path of the Law, in COLLECTED LEGAL PAPERS 167, 171-72 (1920). 26. Dworkin, supra note.
Key to Ronald Dworkin’s Constructive Interpretation of legal practice is the conception of Law as Integrity. Law as integrity holds a vision for judges which states that as far as possible judges should identify legal rights and duties on the assumption that they were all created by the community as an entity, and that they express the community’s conception of justice and fairness.
Dworkin presents the notion that judges who do not agree to moral interpretation of the law do so without even intending. That is, that in their explanation of how a law came to be created, they are explaining the moral reasons in which the law became a law and inevitably he or she will be drawn to outline what they interpret to be valuable.