PHL271H1 Lecture Notes - Lecture 2: Irredeemable, Harm Principle, Liberal Democracy
PHL271 - Lecture 3
Dworkin – Law’s ambitions
• Doesn’t talk about “natural law” specifically even though that’s basically what
he’s talking about
o He calls his view instead “law of integrity”
• Justificatory aim
o Wants to come up with a theory about what the law is
o And a corresponding theory of adjudication
▪ To find out how the laws can have legitimate authority
Three mysteries
1. Law works itself pure
o We think of the law as guiding itself through certain changes to make
itself pure
2. There is a higher law toward which positive law grows
o Positive law = recognised laws with legitimacy
o Changes to the law are improvements
3. Law has its own ambitions
o There are certain principles in the law that push it in its own direction
o It doesn’t abandon one value for another
o Discovering an underlying identity
• If we figure out these three mysteries:
o We’ll have a better understanding of the judge’s role
o We’ll have an account that serves the virtue of political integrity
▪ Since it extends rights to all sorts of groups
Dworkin’s model of law
• Positive law
o The various laws that have been declared
o Statutes, constitution, judicial decisions, etc.
• Full law
o Includes positive law and its moral justifications
o The full law includes possible moral interpretations that haven’t been
thought of yet
• This is an idealised thinking about the law
Dworkin’s interpretive model of adjudication
• Whenever we interpret anything, can be tested on 2 dimensions
o Dimension of fit
▪ An interpretation needs to fit the wording of the rule
▪ It has to accord with relevant related judicial decisions
o Dimension of justification
▪ Must justify the law, showing it as the best course
Document Summary
Dworkin law"s ambitions: doesn"t talk about natural law specifically even though that"s basically what he"s talking about, he calls his view instead law of integrity . Justificatory aim: wants to come up with a theory about what the law is, and a corresponding theory of adjudication, to find out how the laws can have legitimate authority. If we figure out these three mysteries: we"ll have a better understanding of the judge"s role, we"ll have an account that serves the virtue of political integrity, since it extends rights to all sorts of groups. Dworkin"s model of law: positive law, the various laws that have been declared, statutes, constitution, judicial decisions, etc, full law. Includes positive law and its moral justifications: the full law includes possible moral interpretations that haven"t been thought of yet, this is an idealised thinking about the law.
