Here is the synopsis of our sample research paper on Critique of Dworkin's Striking Down of Legislation. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
Dworkin is a controversial legal theorist. This 10 page paper considers his ideas on striking down legislation presenting a broad critique. The basis of Dworkin's ideas of interpretive theory and the clash with positvist theory are considered, as well as the alignment with ideas of natural justice are all discussed in order to ascertain the merit as well as weaknesses in Ronald Dworkin's views. The bibliography cites 5 sources.
Page Count:
10 pages (~225 words per page)
File: TS14_TEdworkin.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
the way the current legal systems work. Dworkins the one striking down the legal system is based on a concept that it is inadequate and that the rights of the
individual key to the way in which law should be made and into it and the rights to moral independence with a serious looking at what the court ought to
do, in effect offering a theory of adjudication rather than a theory of law (McLeod, 2002). The views of Dworkin reject the
positivist theory and adopt an interpretative appach which is based on liberal theories. Dworkin argues that rights are based on a complex set of moral perceptions which make the rights
of the individual which is superior to many other aspects of law. The arguments of Dworkin also put forward the idea that interpretative theory is sensitive to values meaning that
the idea of natural law is fundamental to interpretative. Much of Dworkins work and the theories are in a direct disagreement to the work of Hart, so one cannot be
considered without the other. The way that the law is viewed and interpreted is key to the way that Dworkin is criticising
it. To look at this we need to put the ideas of Dworkin into a broader context. Some, such as Hart (1994) and Raz (1994) will see questions such
as what is the law, and how should cases be decided by judges as two separate questions. If they are separate questions they will have separate answerers. This means that
the determination of the law and its application are wider than simply interpreting what a law is. Here there is the remit of a judge that is wider than establishing
...