PHL 612 Lecture Notes - Lecture 4: Case Citation, H. L. A. Hart, Ronald Dworkin
28 Sep 2017
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Ronald dworkin - positivism and natural law theory. Interpretivism- versus legal positivism: law is an interpretive enterprise, (b) interpretation is constructive, and (c) legal interpretation should accord with a vision of making the law the best it can be. Hard cases make it seem like law is not limited to rigid set of mechanical rules role of judicial decision-making in the face of indeterminate, open-ended, or apparently inconsistent legal rules. They agree with legal positivists that what the law is and whether it is just are two separate matters. Legal realists: judges are unconstrained by rules law is what judge says case by case, to know the law is to know what the judge will decide. Dworkin"s view of the judge: the task of judge is to find the law, and judges must interpret everything into consideration to make best decision.
