He graduated from Harvard University in with an A. After he completed his final year's exams at Oxford, the examiners were so impressed with his script that the Professor of Jurisprudence then H. Hart was summoned to read it. He was awarded a B.
The concept of legal positivism in essence is engrained in two basic ideas: Hart had presented it.
In this paper I will discuss how Dworkin argues for his right answer thesis, through an examination of his chain novel view of law, the process of constructive interpretation of law as integrity, and the presentation of the ideal Judge Hercules.
I will also in the process of this paper raise some questions about integrity as law and provide a reply of how Dworkin might respond.
Dworkin then provides a third theory of law, which he believes not only better represents what actually happens when judges decide cases but is also a morally better theory of law. Law as Integrity. The concept of Law as Integrity is a key to Dworkin’s Constructive Interpretation of legal practice. Dworkin 1 The Main Elements of Dworkin’s Legal Philosophy from J. L. Mackie: “The Third Theory of Law,” Philosophy and Public Affairs 1. The law consists not only of rules but also of principles. Abstract. Ronald Dworkin was legal positivism's most tenacious critic. ‘Dworkin: the moral integrity of law’ shows that Dworkin's theory includes not only a stimulating account of law and the legal system, but also an analysis of the place of morals in law, the importance of individual rights, and the nature of the judicial function.
Dworkin equates this method of writing a chain novel to the process of judicial decision making that every judge goes through when presented by a case. The novel is jurisprudence, and the judge, being the novelist, must be assured that the decision he comes up with for a case fits well with a story explaining all the precedents having been set before in similar cases; so that the unified interpretive sense of law can continue.
The chain novel view of law seeks to present the historical legal record as constituting the source for legal interpretation. Dworkin states that this does not mean that the judge deciding a case must figure out what the original writers intended to mean, rather they must figure out which interpretation of the case fits well with all of those historically preceding it.
The chain novel idea is a crucial part of the Right Answer thesis, as it sets the basis for the process of how to arrive at the right answer of which interpretation must be chosen.
In the process of writing the novel, the novelist is presented with the option to pick which interpretation to follow. Another critical aspect in the theory of integrity as law is the role morality plays when the judge must pick the right interpretation.
Through all of this Dworkin is suggesting that the concept of law comes from what can be seen as a constructive interpretation of the history of the legal system, and that the constructive interpretation heavily involves integrity as defined above.
The law is seen as a seamless, self-existent unity of all legal material. The question that arises here is that sure this process of interpretation according to integrity works for cases that have legal history of prior cases where the precedent has been set, but how does law as integrity work for new or fresh cases?
It would seem that the system is flawed. Dworkin wants to suggest that when there is no precedent and so no clear interpretations to be taken, the interpretation of the case can be based on the principles of law as integrity, such as justice and fairness.
Of course, here again, the right answer the judge arrives at will be dependent upon his or her political and moral convictions, but judges will still be constrained in how they interpret what the right story should be due to their necessity to integrate their political and moral convictions with their convictions on what is the best interpretation according to the principles set by law as integrity.
In order to demonstrate that how the integrity as law system could work, Dworkin presents to the reader the metaphor of an imaginary person named Hercules, who is an ideal judge, immensely wise and patient, and is omnipotent of legal knowledge. The author suggests that regardless of the case Hercules is given, Hercules will, due to the all the attributes attributed to him above, Hercules will always come down to one right answer for the case.
If law as integrity is applied properly to a case, then the right answer of which interpretation to apply will be arrived at. This appears to me to be a weak response as it still does not address the fact that Hercules has an omnipotence of legal knowledge, whereas no matter how vast the knowledge the judges have with their experience it can in no way be omnipotent.
There are at least two more problems with the Right Answer thesis.Ronald Dworkin and the integrity of law.
Ronald Dworkin, like Lon Fuller, advanced a theory of law that asserted a necessary connection between law and morality. Integrity in rules essentially is a theory about the interpretation of the law. Dworkin suggested a view that the interpretation in regulations should be led by the idea of integrity.
Dworkin’S Argument for ‘Law as Integrity’ Dworkin argues for this understanding of law and its test of legal validity along the two dimensions he believes to constitute the criteria for . Dworkin’S ‘Law as Integrity’ I Dworkin’s Thesis Following his exposition of the methodological claims of fit and best light, Dworkin moves to propose his own conception of law – the theory he believes best fits legal practice and puts it in its best light.
Destabilizing the Conceptual Foundations of Law’s Empire Tommaso Pavone [email protected] December 5, 1Introduction In this critical review of Ronald Dworkin’s Law’s Empire,1 I deliver a two-pronged critique of Dworkin’s theory of \Law as Integrity.".
Dworkin on the Value of Integrity Let us consider Dworkin’s stance on right answers in light of the theory of integrity suggested above.
If the value of law as integrity is intertwined with the ethical basis of law, is there .