DWORKIN part 1.pdf - DWORKIN DWORKIN Learning Objectives Ò By the end of the class you would be able to Ò Identify Dworkin’s two of the three main

DWORKIN part 1.pdf - DWORKIN DWORKIN Learning Objectives Ò...

This preview shows page 1 - 7 out of 19 pages.

DWORKIN
Image of page 1
DWORKIN Learning Objectives Ò By the end of the class you would be able to: Ò Identify Dworkin’s two of the three main attacks on the positivism theory of law
Image of page 2
DWORKIN Ò ATTACK ON POSITIVISM É Attack on “The Model of Rules” É Hard Cases – Hercules, The Rights Thesis É Constructive Interpretation
Image of page 3
DWORKIN RULES, PRINCIPLES AND POLICIES Ò Think positivism distorts our conception of law É Model of Rules - Hart É Distorts the nature of adjudication and generally of law itself É The role of the judges where no rule – judge’s discretion É Ignores the elements of law
Image of page 4
Riggs v Palmer 115 NY 506, 22 N.E. 188 (1889) É whether an heir under a will can inherit Henningsen v Bloomfield Motors Inc 32 N.J. 358, 161 A 2d 69 (1960) É Liability of motor car manufacturer
Image of page 5
PRINCIPLES & POLICIES Ò Principles generically – set of standards other than rules É Principles – stating a social goal Ð eg no man may profit from his own wrong É Policies – stating a principle Ð eg the goal the policy embraces is a worthy one
Image of page 6
Image of page 7

You've reached the end of your free preview.

Want to read all 19 pages?

  • Summer '16
  • CARRINGTON

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors