Dworkin's Theory Of Integrity Analysis

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Dworkin’s meaning to integrity pertains to judicial decisions by judges on any case, that is, how to use precedent and techniques to determine the outcome of trials. Integrity as a tool, is used for judicial decisions, based of of communal moral standards- starving for a concept of fairness and equality- these decisions are rooted in precedent and discretion of judges; though possibly leading to a divergent from a cohesive voice, the philosophical concept benefits society overall. Integrity has its roots in the communities morals. It stretches, then, to the adjudicative process exercised by judges. This theory does well for establishing a more cohesive identity of the community and its laws. By expressing concerns of the gaps found in this …show more content…
It allows judges to apply the same standards that others have applied, they maintain the original morality of the community; insuring that the law that the community made reflects the trial. The laws and the outcome of the trial will be consistent with the community’s current moral standards. Through the practice of first understanding a moral concept that is not consistent with communal values, like murder, a law is formed that will be read with consistent themes of the community’s ideals. These laws are interpreted by a judge who uses past cases to justify his decisions. He will also use discretion, allowing the law to evolve and reflect the current moral standards. This form of judicial practice maintains the integrity of the law, allowing for a cohesive uniformed voice of the peoples wants to be maintained and implemented by judicial officials. Although the concept of the integrity of law does well to provide fairness for the people; judges may flaw in their interoperation, “no actual judge could compose anything approaching a full interoperation of all of his community’s law at once” (Dworkin 97). There rest the problem of judges coming to different answers based on their discretion and findings; as well as their methods. In this, …show more content…
The morality comes from the unified decisions of the community, what they deem expectable. It is then created into law by language and put into practice through judicial history and inspiration, this allows for the voice to be come cohesive. These decisions give room for evolution so as to always reflect the intended meaning for the current society. Therefore, integrity of law is the state being whole in original intent, and undivided by pure discretion that devotees form precedents. Though that allows for a flaw to occur, judges making various answers by their own interpretations, these answers are basic happenings of law and should always strive for the original intent of the society; reflecting their

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