Scribd
Upload
12 views3 pages

Dworkin Lecture Script

This document explores Ronald Dworkin's legal philosophy, which challenges legal positivism and emphasizes that law is intertwined with principles of justice and morality. Dworkin distinguishes between rules and principles, arguing that judges should interpret the law in a way that reflects moral values, even in hard cases. His concept of 'law as integrity' suggests that legal reasoning should be a coherent narrative that respects individual rights and promotes fairness.

Uploaded by

z.burhanfraz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
12 views3 pages

Dworkin Lecture Script

This document explores Ronald Dworkin's legal philosophy, which challenges legal positivism and emphasizes that law is intertwined with principles of justice and morality. Dworkin distinguishes between rules and principles, arguing that judges should interpret the law in a way that reflects moral values, even in hard cases. His concept of 'law as integrity' suggests that legal reasoning should be a coherent narrative that respects individual rights and promotes fairness.

Uploaded by

z.burhanfraz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Lecture Script: Ronald Dworkin’s Legal

Theory
Introduction to Ronald Dworkin
Today, we’re exploring the legal philosophy of Ronald Dworkin—one of the most influential
figures in modern jurisprudence. His work fundamentally challenged legal positivism,
especially the theories of H.L.A. Hart. Dworkin believed that law is not just a system of rules,
but a practice deeply tied to principles of justice, fairness, and moral integrity.

1. Setting the Stage: Dworkin and Legal Positivism


To understand Dworkin, we need to revisit Hart’s theory. Hart, a leading legal positivist,
argued that a legal system is essentially a system of rules. These rules are identified through
a master rule—what Hart calls the ‘rule of recognition.’ Judges, in Hart’s view, apply clear
rules to clear cases. But in ‘hard cases’—where the law is vague or silent—judges exercise
discretion and effectively make new law.

Dworkin strongly rejected this idea. He argued that even in hard cases, judges don’t have
free discretion. Instead, they are bound by legal principles that are part of the law, even if
not written in statutes. These principles reflect moral values, such as fairness, justice, and
individual rights, and they guide judicial decisions.

2. Rules vs. Principles: A Key Distinction


Dworkin made an important distinction between rules and principles. Rules operate in an
all-or-nothing fashion—if a rule applies, it determines the outcome. For example, a statute
might say that no person under 18 can vote. It’s either applicable or it isn’t.

Principles, on the other hand, don’t function like that. They have weight—they guide
decisions, but they don’t automatically determine them. A principle might say that ‘no
person should benefit from their own wrongdoing.’ This principle might not be written in a
statute, but it can still shape judicial reasoning.

A classic example is Riggs v. Palmer. In that case, a grandson murdered his grandfather in
order to inherit under the will. Legally, under the statute, he was entitled to inherit. But the
court denied him the inheritance using the principle that no one should profit from a crime.
Dworkin saw this case as proof that law is not just made of rules—it includes moral
principles.
3. Hard Cases and the Role of Judges
So what happens in hard cases? Legal positivists like Hart say judges legislate—they use
discretion and make new law. Dworkin disagreed. He believed that even in hard cases, there
is a right answer to be found. Judges must interpret the law in the way that best fits past
legal decisions and justifies the law in terms of moral principles.

This brings us to two key ideas: ‘fit’ and ‘justification.’ Judges must choose the legal
interpretation that best fits the existing legal materials—statutes, precedents, constitutional
principles—and justifies them in the best moral light. Law isn’t just about following rules;
it’s about telling the best story the law can tell, given its history and values.

4. Judge Hercules: The Ideal Judge


To illustrate this, Dworkin introduced a fictional character: Judge Hercules. He’s not a real
judge, but a model. Judge Hercules has unlimited knowledge, time, and intellectual ability.
His task is to construct the best possible interpretation of the law that makes it a coherent
and morally justified whole.

Hercules doesn’t just apply rules—he reads through the law’s history, uncovers its
principles, and interprets legal texts in a way that shows the law is consistent and
principled. Dworkin’s point isn’t that judges are superhuman, but that they should aim to
reason like Judge Hercules—thoughtfully, consistently, and morally.

5. Law as Integrity
This leads us to Dworkin’s major contribution: the idea of law as integrity. Dworkin argued
that law should be seen as a coherent whole—a narrative shaped by principles that
promote justice and fairness. Judges are like authors writing a chapter in a chain novel.
They must interpret the past in a way that continues the story in a morally justifiable way.

In this model, legal reasoning is not a mechanical application of rules. It’s an interpretive
act, one that respects the legal tradition but moves it forward in a principled way.

6. Why It Matters
Dworkin’s theory has enormous implications. It rejects the idea that judges make law based
on policy or personal views. It insists that law is deeply connected to morality. And it
elevates the role of individual rights—saying that courts must respect them, even when it’s
politically inconvenient.

This is particularly powerful in constitutional cases and human rights law, where judges
often face questions that aren’t directly answered by written rules. Dworkin’s work gives us
a framework for principled, morally grounded legal interpretation.
Closing Thought
In a time when the authority of law is often questioned, Dworkin reminds us that law is not
just about power—it’s about principle. His vision asks judges—and us—to treat law as a
matter of integrity, not convenience.

You might also like