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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...
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,…
In principle, Dworkin argues that the truth is always knowable for any given factual circumstances; the difficulty is that the human intellect is imperfect. In the same way, there is a finite number of individual particles of sand on the earth at any moment in time. Human intellect and capabilities are incapable of determining that precise number; it would require a hypothetically limitless intellectual capacity. Judge Hercules possesses that
Both of these perspectives are, from Hart's perspective, too extreme: he wants a legal theory which would be free from moral evaluations or moral commitments (unlike Finnis' approach), while remaining a descriptive theory of the practice rather than a participation in it (unlike Dworkin's approach). Hart was trying to keep a difficult middle position (Hacker, 1977-page 31). He argued that a legal theory should be constructed around the perspective
Rule of law Legitimate? 'The Rule of Law is to be Legitimate because the issue of law is not a simple, but a highly complex one, and it involves the analysis of numerous important issues." Law is not as simple as something that can be forced upon or coerced out of an individual or a group because of several reasons. One is that when it is a criminal statute, for
Rule of Law Legitimate? What exactly is Law but a well-known and legitimate Profession? According to Oliver Wendell Holmes Jr. In an address made to the students of the Boston Law School in the year 1897, a law student must remember certain important points when embarking on a study of law, and he stated that the student must be both pragmatic and also specific. He also said that there are
Harvard college's "oncomouse," which is a mouse that has been genetically engineered to make it more susceptible to cancer, and thus of more use in research, could be patented under Canadian patent law. The Patent Examiner refused to grant the patent, stating that higher life forms were not inventions under the applicable law because they were not compositions of matter. The majority opinion upheld the Patent Examiner's decision. Justice
Euthanasia: The Right to Die, the Right to Life -- a Continuing Controversy The idea of willing terminating an individual's life, even according to his or her consent, remains one of the most controversial "rights" in today's contemporary debate over where the state's ability to intrude upon the individual body begins. As Ronald Dworkin notes in his article, "Sex, Death, and the Courts," it is true that "millions of people think