CRIM 338 Chapter Notes - Chapter 5: Conventionalism, Moral Authority, Universal Health Care
9 Feb 2019
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Dworkin - says law effectively integrated w/ morality. Lawyers & judges working political philosophers of democratic state. Focused on analysis of place of morals in law, importance of indiv rights & nature of judicial function. Dworkin"s starting point - attack on hart"s model of rules. Law consists not merely of rules but also of non-rule standards. When court has to decide hard case it will draw on standards to reach decision. No rule of recognition distinguishing b/w legal & moral principles. Rights rendered fragile things to be sacrificed by courts at altar of community interests/any other conceptions of the good. If indiv rights to be treated w/ respect they deserve, are to be accorded proper recognition as part of law. Dworkin denies positivist separation b/w law & morals. Rejects proposition that judges either do/should make law. Argues law is function of social convention which it then designates as legal convention.
