PHILOS 3Q03 Chapter 8: Integrity in Law - Dworkin [ Required Reading Summary ]
8 May 2018
School
Department
Course
Professor
Integrity in Law - Charles Dworkin
-Law as integrity denies that !
-statements of law are backward looking factual reports of conventionalism !
-or forward looking instrumental programs of of legal pragmatism !
-This theory claims that statements of law are interpretative judgements that need to combine
the above two ideologies !
-Ancient Question: “Do Judges find or invent law” !
-One point he makes is that if someone hurts their back, them receiving compensation is
contingent on weather or not society accepts this as a form of sanction for law. !
-Integrity does not mean permanence in actions or decision, so keeping the integrity of a law
does not include leaving it in the context it was written in, even if it does not apply or
adversely applies now. !
-The creative interpretation takes its formal structure from the idea of intention !
-Chain Novelist !
-They include the metaphor of writing a novel, when an author writes one chapter, and then a
different author write subsequent chapters with reference and congruence to previous ones’
this is a metaphor for law makers, as they deal with the story as it is, not as it should be. !
-Therefore, when given a book with a decent amount of backstory, it is difficult to implement
the story arcs you want, with the details you have to work with or are bound by. !
-
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Statements of law are backward looking factual reports of conventionalism. Or forward looking instrumental programs of of legal pragmatism. This theory claims that statements of law are interpretative judgements that need to combine the above two ideologies. Ancient question: do judges nd or invent law . One point he makes is that if someone hurts their back, them receiving compensation is contingent on weather or not society accepts this as a form of sanction for law. Integrity does not mean permanence in actions or decision, so keeping the integrity of a law does not include leaving it in the context it was written in, even if it does not apply or adversely applies now. The creative interpretation takes its formal structure from the idea of intention.
