To establish the legislation of a given society we must all the time interact in moral and political argument, for the law is whatever necessities are consistent with an interpretation of its authorized practices that reveals them to be best justified in light of this animating best. In addition to those philosophical concerns, Dworkin invokes two options of the phenomenology of judging, as he sees it. He finds deepcontroversy amongst legal professionals and judges about how important instances should be decided, and he finds variety in the issues that they hold relevant to deciding them. The controversy suggests to him that law cannot rest on an official consensus, and the diversity suggests that there isn’t any single social rule that validates all related causes, moral and non-ethical, for judicial selections.
It is senseless to ask whether or not a certain fugue is just or to demand that it become so. … Read More