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Morality and Law 7

Morality and Law 7 - Dworkin 4 Tuesday 1:00 PM Main ideas...

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Dworkin 4 Tuesday, February 22, 2011 1:00 PM Main ideas The new picture Judges disagree about the "soundest interp" of some apsect of legal sys (87) Ea judge inter theory is grounded in his/her own beliefs about he purpose of legal prac as whole Several fact push toward convergance: paradigms of law, precedent, intellcutual envirion, conservatiive of legal edu and selection officials (88) But interps also promos divergence: offering political ideologies of judges, public debate, controversies, paradigms are broken, progressive followings develeop (88-90) Claim The new picture has the signal merit of allowing us once again to believe what our judges say(90) What does dworkin mean? Plain fact view says not to take the judges opinions in hard cases at face value Judges are only pretending to having a theorretical disagreement In fact they are really just talking past one another because they disagree about facts (44) The new pic allows us to accep tht judges are having theroettical disagrees.
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