The rules or standards, associated with positivism require that the judge follows predetermined principles and routes when interpreting the law and evidence. The two main principles that must be used when assessing legalities are whether or not it is a) not part of a valid law or b) apart of a valid law. Dworkin instead “rejec[ed] the positivist conceptions of law and interpretation, instead of theorizing that rights are premised upon a comprehensive set of moral precepts that make individual rights valuable, and act as ‘trumps’”. Essentially that it responds to the unique values and sensitivities of the judge when applying the
The rules or standards, associated with positivism require that the judge follows predetermined principles and routes when interpreting the law and evidence. The two main principles that must be used when assessing legalities are whether or not it is a) not part of a valid law or b) apart of a valid law. Dworkin instead “rejec[ed] the positivist conceptions of law and interpretation, instead of theorizing that rights are premised upon a comprehensive set of moral precepts that make individual rights valuable, and act as ‘trumps’”. Essentially that it responds to the unique values and sensitivities of the judge when applying the