Essay on The 's Theory Of Law As Integrity

1190 Words Dec 9th, 2015 null Page
Community A are proposing to follow a version Dworkin’s theory of ‘law as integrity’. Attempting to give value to the community and the individual. However this can be criticised because interpretation of the law becomes superhuman, relying on the assumption there is coherence in the communities previous decisions. This is something the community should consider when proceeding. The Community also places importance on the court developing legal principles over time through common law. This can be somewhat linked to Dworkin’s Literary analogy. This idea would require judges in the community to have considerable discretion. This emphasises the importance of the development of precedent within the Community. Dworkin argues that the obligation of the judge is based on the dimension of fit. In each ‘chapter’ the judge aims to a continuation of the previous but no judge should be told how the chapter should end. This again demonstrates Community A’s emphasis on having powerful judges as it proceeds.

However, Dworkin’s theories have been central to various debates resulting in vast criticism. For example from positivists, who argued that he is arrogant and unrealistic. Joseph Raz has been critical of this theory arguing that judges do not have such desecration. This could be argued to be a central flaw that community A might face because they are aiming to have a central court with considerable authority striving to be like Dworkin 's ideal judge. On the other hand there are…

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