Ronald Dworkin's jurisprudence and legal philosophy

Dworkin Jurisprudence

The rule of law entails the practical manifestation of our social and philosophical ideals: the rule of law is ideals in action. The rule of law allows public standards to be applied to personal behaviors. The rule of law also requires the proper exercise of power by a governing body. The government enforces the law, but no individual is above the law.

The principles of law include the following. The government must itself ascribe to the law; the governing body is itself subject to the law and must therefore operate with in the parameters of the law. Second, the government's objective is to create and maintain social order and peace through applying rule of law. However, the government must act fairly when enforcing the law. No individual should be punished if he or she is unaware of the rules. Thus, the third principle entails that rule of law must be spelled out clearly for the public; individuals must be aware of the rules. Finally, all persons who are charged in violation of the law must have a chance to defend themselves. Fair execution of the rule of law will prevent corruption; restrain the natural forces of vengeance; protect individuals' liberty; and promote the overall economic prosperity of the society.

Arbitrary governments enforce rule of law arbitrarily, that is, without reason or order. An arbitrary government will enable corruption because it operates as if above the law. The arbitrary government also operates without the fully express support of the people. The rule of law does not apply equally to all persons in an arbitrary government. On the other hand, a legitimate government has the full support of the people and the rule of law applies equally to all. Laws are universally and evenly enforced, and no individual is allowed to escape or transcend justice. The legitimate government is willingly subject to the rule of law as much as its individual citizens are.

According to the Grand Inquisitor, individuals will be more motivated to obey the "moral law" only via external authority. On their own, people are incapable of acting according to idealistic moral principles. Especially in the absence of the fear of divine retribution or divine reward, the government plays a key role as an authority that enforces rule of law. A person who

The opposition between a law's fairness and its effectiveness presents an ethical conundrum for interpreters of the law. Questions about whether a law is effective point to the law's ability to restrain the public, to maintain social order, to enforce obedience. A law can be considered effective if it is readily enforced. However, an effective law is not necessarily one that is fair. For example, when segregation laws were on the books, they were effective in creating a racially stratified society that some segments of society found desirable. Although the law was effective, it was certainly not fair. The difference between a law's effectiveness and fairness create problems when lawmakers and other public servants must interpret cultural and social norms and must make laws reflect morality as best as possible. In other words, when making a law that is both effective and fair, who decides?