01:790:373- Midterm Exam Guide - Comprehensive Notes for the exam ( 28 pages long!)
12 Oct 2017
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Probably the most important american legal theorist. Didn"t call himself a natural law theorist, but did have af nities with school: mentored by lon fuller (a natural law theorist) Attack on positivism related to attack on utilitarianism. Bentham: rights = nonsense on stilts: bentham was attacking blackstone"s commentary of the laws on england blackstone is related to dworkin"s work. Dworkin, taking rights seriously: dworkin believed in a strong absolutist account of rights, bentham equated rights to nonsense upon stilts . There isn"t a clear precedent and theres a lot of gray area but a decision needs to be made. In justifying decisions, judge refers to the best possible moral theory. Written word of law, the notion of justice, and the notion of fairness. A judge should include all of these aspects in his or her decision for it to be integral.
