PHI 3395 Lecture Notes - Lecture 7: Lemuel Shaw, Equal Protection Clause, Robert Cover
1 Oct 2016
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Honor : pro natural law theory (in text) Slavery in us: fugitive slaves (in text, infamous case (not in text, but still on exam) Law as interpretation: resolve natural law/legal positivism debate by seeing it as debate about how to interpret the law, constitution. Fit: interpretation must be consistent with precedents. Justification: interpretation must be best possible justification. A combination of both: (117) dworkin"s interpretive model exhibits law as integrity vs positivist view in bork/positivist, law modelled on economic efficiency ; satisfying the majority, maximizing preferences overall. Dworkin what we are really looking at: what do we really mean? . Main difference from hart: dworkin thinks that interpretations of laws are built into laws. Its part of the legal system: hart thinks that it essentially taking an outside force into the legal system, honor . The necessary connection between law and morality in law and.
