Role of Integrity in Dworkin's Philosophy of Law

1352 Words Feb 4th, 2018 5 Pages
However, not everyone believes that the principle of integrity does in fact help judges when faced with hard cases therefore I also aim to analyse Hart’s rule of recognition against Dworkin’s principle of integrity.
Law of integrity:

Dworkin who was a positivist, developed his theory by attacking other theories and then identified how his theory does not fall prey to the problems that he has recognised in the theories of his competitors, this shows Dworkin was like Hart as he uses the agnostic method. In Law Empire, Dworkin analyses the judicial decision making comprising three stages . The most important stage is the interpretative stage which is an explicit purposive element into legal deliberation because this stage allows the judge to formulate a general theory. This purposive dimension in Dworkin’s theory of law is closely related to his notion of law as integrity, and has been significantly developed over the years.

Integrity is the central to interpretive enterprise therefore the law must have integrity. Dworkin stated that the law is based on horizontal and vertical integrity. He recognised, horizontal integrity depends on the present legislations and legal practices that bind whereas vertical integrity is dependent on the fittings of the present…
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