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Jurisprudence: Ronald Dworkins Legal Theory - Essay Example

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This paper seeks to explore law and integrity theory as proposed by Ronald Dworkins in relation to its application to the case of R v Secretary of State for Transport ex parte Factortame.1 Dworkins work in legal philosophy has been centered on discussion of judicial…
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Jurisprudence: Ronald Dworkins Legal Theory
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Download file to see previous pages Dworkin’s interpretation of the legal practice is based on the notion of law as upholding integrity. He argues that law as integrity requires the judges to point out legal duties and rights due to the supposition that they are a product of the society as a creature, and that they stand for the society’s idea of fairness and justice. It is assumed that the assertion of law is true, only if they follow the due procedure, fairness and the principles of justice, which is considered the best and the productive understanding of the society’s legal process. Reliability of law is derived from its ability to speak with one voice, and that judges should follow the due procedures in their judgments – they should ensure that all those who appear before them are served in a fair and just manner, following the same standards that makes everyone equal. Dworkin argues that the contemplation of law as integrity should allow the judges to apply similar methodologies, while making judgments on cases, and that such integrity should be derived from constructive interpretation.5
Integrity is also considered to follow adjudicative as well as legislative principle. Moral logic is a principle that should guide the process of legislative principles. Adjudicative standards are perceived liable to begin if these dimensions are followed. Adjudicative standards require deliberation of law in a logical manner, as far as it is possible. Constructive interpretation is an argumentative methodology for interpreting texts and work of art, and social practices.6
The logical stages involved in the process of constructive interpretation, including interpretative stage, the pre-interpretive stage, and post-interpretive stage.7 Rules and standards are formulated in the pre-interpretive stage. In the interpretive stage, the pre-interpretive stage general rationalization is applied. Change of requirements of practice by the contributor, with the ...Download file to see next pagesRead More
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