CRIM 338 Lecture Notes - Lecture 5: Homr, Ehow, Nules
24 Dec 2014
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Lecture 5 law as interpretation - ronald dworkin. Legal principles and one right answer - dworkin. 1) resources for solving disputes, are more than just rules". There can be, and often are, principles favouring contrary results on a single legal. In summary, two tenets of dworkin"s early work are related: law contains principles as well as rules: for nearly all legal questions, there are unique right answers. Reject principles that do not adequately fit past official actions. Among those who fit", pick the one with the best moral value". In making comparisons, the relative weighting of fit and moral value will be an interpretive question. Combo of productive forces (availability of labour, means of production, tools) + social and technical relations of production (property, power, class relation: all combine to produce economic organization of a society. Lecture 6 - critical approaches to law.
