Who is associated with the concept of Law as Integrity?
Ronald Dworkin
Dworkin’s theory rejects legal positivism and realism in favor of a moral justification for law.
What does Dworkin’s theory reject in favor of a conception of law grounded in principle, integrity, and moral justification?
- Legal positivism
- Legal realism
Dworkin views law as a normative practice that must be interpreted morally.
According to Dworkin, legal reasoning is an exercise in ________ interpretation.
constructive
Judges must interpret legal materials to fit existing practices and justify them morally.
What are the two main components of law according to Dworkin?
- Rules
- Principles
Principles protect individual rights, unlike policies that aim for collective goals.
In Dworkin’s model, what is the role of the judge, referred to as Hercules?
To seek the right answer by interpreting the law as a coherent vision of justice
Hercules treats the legal system as if authored by a single moral agent.
What constitutional principles would a Dworkinian court examine in a contested measure?
- Equality
- Dignity
- Autonomy
- Respect for individual rights
Measures justified by efficiency or economic welfare must be scrutinized for rights sacrifice.
True or false: Dworkin’s framework allows for unfettered discretion by judges in hard cases.
FALSE
Judges must interpret the law to find principled answers rather than exercising discretion.
What does Dworkin’s framework require when legal benefits are conditioned on bodily integrity, privacy, or fundamental autonomy?
To assess if such coercion aligns with equal concern and respect for citizens
Measures that disproportionately burden vulnerable groups would fail this test.
What is a key advantage of Dworkin’s approach in adjudication?
It provides a normatively rich framework for engaging with moral reasoning
This guards against arbitrary decision-making and protects individual rights.
What criticism is often directed at Dworkin’s theory regarding judges?
It grants significant interpretive power to judges
This raises concerns about democratic legitimacy and subjectivity.
How does Dworkin’s theory compare to legal positivism and legal realism?
- Superior to positivism for accounting principles in hard cases
- Superior to realism for not reducing adjudication to policy
Positivism risks legitimizing injustice, while realism may erode rights.
Dworkin’s interpretivism recognizes law as a ________ practice while remaining anchored in legal materials.
moral
This framework is compelling for analyzing contentious legal scenarios involving rights and state power.
