Topic 9 - Dworkin Flashcards
(33 cards)
What does Dworkin’s theory challenge?
Legal positivism
Dworkin emphasizes the power of legal argument over fixed rules.
What is a key difference in Dworkin’s theory compared to positivist theories?
Lacks a ‘master rule’
This complexity differentiates it from legal positivism.
How does Dworkin critique fixed theories of law?
He argues against providing fixed ‘places’ for determining the law.
What concept does Hart use to defend positivism?
‘Minimum content of natural law’
Hart argues against the integration of moral arguments into legal validity.
What example does Hart use to illustrate settled meanings in law?
Rule about vehicles in a park
What is Dworkin’s ‘interpretive concept’?
Making the best of something that it can be.
What types of interpretation does Dworkin distinguish?
- Constructive or artistic interpretation
- Scientific interpretation
- Conversational interpretation
Who is Judge Hercules in Dworkin’s theory?
An ideal judge who measures legal arguments.
What does Judge Hercules accept as part of legal argumentation?
Settled practices of the legal system and general political theory.
What are the two types of arguments Dworkin distinguishes?
- Arguments of principle (rights)
- Arguments of policy (community goals)
What does ‘fit’ refer to in legal arguments?
Consistency with statutes and past cases.
What does ‘substance’ involve in legal reasoning?
Fairness and justice.
What case does Dworkin analyze to demonstrate substantive arguments?
McLoughlin v O’Brian
What distinction does Dworkin make between ‘concepts’ and ‘conceptions’?
- Concepts: Uncontroversial ideas
- Conceptions: Areas of controversy
What is Dworkin’s view on the purpose of law?
To restrain governmental coercion.
What is the ‘one right answer’ thesis?
There is generally one right answer to legal questions, even if hard to identify.
True or False: Dworkin believes moral judgments are unnecessary to identify law.
False
Dworkin criticizes Hart’s claim regarding moral judgments.
What does Dworkin say about Raz’s ‘social sources’ theory?
It isn’t supported by legal practice.
What are the stages in legal interpretation outlined by Dworkin?
- Semantic
- Jurisprudential
- Doctrinal
- Adjudicative
What is Dworkin’s concept of law as integrity?
Law should be interpreted as a coherent system of principles.
What does Dworkin emphasize about judicial reasoning?
Judges should focus on individual rights, not community goals.
What are the pros of Dworkin’s theory?
- Addresses moral disagreement
- Provides coherence
- Respects judicial reasoning and rights
- Encourages constructive interpretation
- Enhances legal objectivity
- Critiques positivism’s moral dimensions
What is a criticism of Dworkin’s ‘one right answer’ thesis?
It may be overly optimistic or unrealistic.
What complexity does Dworkin’s theory face compared to positivism?
Lacks simplicity of master rules.
