Law & Legal Studies
While Dworkin acknowledges the existence of inauspicious circumstances that do not fall clearly underneath a rule, he believes they are not resolved by an train of judicial discretion. On Dworkin’s view, there may be all the time a proper answer to such instances implicit within the pre-present law. Of course, it sometimes takes a choose of Herculean mental capability to discern what the best reply is, however it’s all the time there to be found in pre-existing legislation. Since the proper answer to even hard authorized disputes is at all times a part of pre-existing law, Dworkin believes that a decide can take property from a defendant in a tough case without unfairness (Dworkin 1977, pp. ).
The most dear work accomplished at this stage has been that of authorized anthropologists. By analyzing the dispute-processing activities of African, Latin American, and Asian authorized tribunals, they’ve offered … Read More