Role of Integrity in Dworkins Philosophy of Law - 1352 Words

In this essay, I aim to critically evaluate the role of integrity that was introduced by Dworkin’s philosophy of law which will allow me to analyse how integrity might help judges when faced with a hard case. However, not everyone believes that the principle of integrity does in fact help judges when faced with hard cases therefore I also aim to analyse Hart’s rule of recognition against Dworkin’s principle of integrity. Law of integrity: Dworkin who was a positivist, developed his theory by attacking other theories and then identified how his theory does not fall prey to the problems that he has recognised in the theories of his competitors, this shows Dworkin was like Hart as he uses the agnostic method. In Law Empire, Dworkin analyses the judicial decision making comprising three stages . The most important stage is the interpretative stage which is an explicit purposive element into legal deliberation because this stage allows the judge to formulate a general theory. This purposive dimension in Dworkin’s theory of law is closely related to his notion of law as integrity, and has been significantly developed over the years. Integrity is the central to interpretive enterprise therefore the law must have integrity. Dworkin stated that the law is based on horizontal and vertical integrity. He recognised, horizontal integrity depends on the present legislations and legal practices that bind whereas vertical integrity is dependent on the fittings of the presentShow MoreRelatedPorn and Censorship15240 Words   |  61 Pagesprohibiting pornography, even by liberals own lights. Many others, both liberals and feminists, remain unconvinced. They are doubtful that pornography is a significant cause of the oppression of women or that the blunt and treacherous weapon of the law is the best solution to such harm as pornography may cause. As we shall see, the debate over whether pornography should be censored remains very much alive. †¢ 1. What is pornography? †¢ 2. The shape of the traditional pornography debate o 2.1 ConservativeRead MoreEssay about Tolerance, Liberalism, and Community3324 Words   |  14 Pagespreserving institutions of law and government. The state is thus to be neutral in the religious and moral wars that rage over the point of human life and the detailed ways of life worthy of human beings; but, of course, the state must keep the peace between one individual and another and between competing factions. This peace-keeping function requires that the state intervene when one person (or group) interferes with anothers pursuit of happiness or salvation. In exercising this role, sometimes fine distinctions