Any legislative authority passing which suppressed

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Any legislative authority passing which suppressed central beliefs and practices of Christianity, Islam or Judaism will not happen in South Africa today These are well-organised religions, capable of mounting strong lobbies In a position to affect the outcome of elections Appellant has shown himself to be a person pf principle Willing to sacrifice his career in pursuance of his beliefs Like the Realists, Sachs J tries to emphasise that judges should play a part in transforming society He took the past into consideration He also sees that politics might play a part in these decisions The fact that the appellant has to choose between his conscience and his career threatens to impoverish not only himself but all of South Africa And questions the fact of an open democracy?
Late Modern Legal Philosophies What was Dworkin reacting against? He was a late modern thinker who tried to overcome excess of individualism and scientific claims in early modern thought Focused on the way judges decide cases by constructively interpreting existing legal material He believed adjudication not scientific/ functional process rather interpretative process Realists problem : if it is true that legal decisions are not based on rational argument, what stops judges from making decisions in any way they want? What constrains judges? He presents 3 options of how to understand legal institutions in contemporary Western liberal communities and democracies : 1. Law as conventionalism : is a term Dworkin created to refer to positivism The core of conventionalism is the idea that the fundamental purpose of our legal practices is to give people due notice of the circumstances under which coercive power will be used against them This enables individuals to pursue their own interests in a purposive manner The rule of law and the principle of legality are central value in conventional legal thinking Rules are central to the conventionalist view of law 2. Pragmatism : is a term Dworkin created to refer to American Realism The rule of law and legality are absent from pragmatic thinking Policies are central to the pragmatist view of law The core of pragmatism is the idea that the fundamental purpose of our legal practices is to bring about certain social consequences Neither of these 2 approaches are satisfactory to Dworkin Problem with conventionalism : it doesn’t leave space for values
Problem with pragmatism : focuses too much on policy (something which Dworkin believes is not the purpose of adjudication) As an alternative, Dworkin presents his own theory Law as integrity 3. Law as integrity : a person acts with integrity if he acts on the basis of his convictions or principles Dworkin believes a political community acts with integrity if it puts principle above the implementation of policy Courts should act as “forums of principle” He paints the picture of law as the constructive interpretation of the community’s shared principles

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