Critique Of Dworkin's Argument On The Nature Of Law

1605 Words 7 Pages
Register to read the introduction… The fundamental difference is perhaps the fact that the two philosophers were making considerations of the law in two fundamentally different times, in history. Modern jurisprudence has had several differences about how the law was perceived to be in the past. While human beings recognise social institutions such as parliament and constitutional review bodies as sources of law, other sources of law exist that intrinsically influence the legal processes and the outcome of legal disputes. These include moral and ethical codes as well as religious beliefs that may influence a decision by a judge. For example, in the case against abortion, a staunch Christian who is a judge may have a different ruling from a Judge who does not believe in God. However, within judicial systems, wearing is done using religious books and this shows the extent of religious codes on procedures and sometimes even judicial decisions. A person does not have to subscribe to the judge's religion or moral code so that their case is heard aside from Sharia based courts such as Kadhi's Courts. Emerging trends show that, in cases of moral or ethical conflict, judges are allowed to refuse themselves from hearing issues presented before them. It is, however, important to understand that laws are made for man. They represent his disposition and interest and as society's interests continue to change, so does the …show more content…
"Reflections on 'The Concept of Law.'" King's Law Journal 23, no. 3 (2012) PL 329.
Anderson, Scott Alan. Legal indeterminacy in context. (Columbus, Ohio: Ohio State University, 2006).
Giudice, Michael, Wilfrid J. Waluchow, and Maksymilian Mar. The methodology of legal theory. (Farnham, Surrey, England: Ashgate, 2010).
Halprin, Jean-Louis. "The Concept of Law: A Western Transplant?" Theoretical Inquiries in Law 10, no. 2 (2009) PL 12.
Kuo, M.-S. "The Concept of 'Law' in Global Administrative Law: A Reply to Benedict Kingsbury." European Journal of International Law 20, no. 4 (2010) PL 997.
Leiter, B. "Beyond the Hart/Dworkin Debate: The Methodology Problem in Jurisprudence." The American Journal of Jurisprudence 48, no. 1 (2003) PL 17.
Leiter, Brian. Naturalizing jurisprudence: essays on American legal realism and naturalism in legal philosophy. (Oxford: Oxford University Press, 2007).
Phang, Andrew Boon Leong. "Jurisprudential Oaks from Mythical Acorns: The Hart-Dworkin Debate Revisited." Ratio Juris 3, no. 3 (1990) PL 385.
Shapiro, Scott J. The "Hart-Dworkin" Debate: a Short Guide for the Perplexed. (New York, NY: Cambridge University Press,

Related Documents

Related Topics