Take Home Juris Exam :

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Take Home Juris exam: Community A appear to want to impose a legal system based on natural law and primarily the ideas of Dworkin. Dworkin is a natural lawyer who believes that law is integrated with morality. This integrity promotes the idea of self governance and participation in democracy. He believes source based rules never provide the right legal answers. The general theory involves making the best sense of the morality of the community and this morality is made out of our own sense of right and wrong-it is constructive and can continually adapt to new situations. This would mean that everyone in Community A would have to have the same idea of what was right and wrong leading to a possible conflict of ideas as this is not always…show more content…
All decisions must also be grounded in sound principles of morality. How can the principles of fit and a moral evaluation be separated? Or how are they to be weighed against each other? These two values are essentially immeasurable-they cannot be simply hoped to work out which is more important themselves and Dwrokin provides this problem with the idea of an evaluative choice which again is a very personal choice. This works by creating rules for cases where the law is unclear or justifying exceptions where the law is clear but this all must be done with a consideration to morality. With regards to the central court that would develop authority over time, we can again look to Dworkin 's theory. He establishes the chain novel metaphor whereby each chapter of the book is written by someone else but they must continue the story in line with what has been previously written or in practical terms creating a precedent of common law. This common law in Dworkin 's view would be integrated into society and become morally defensible over time. What must be remembered however is Community A are building a system from scratch and therefore trying to create a system of common law with essentially no system of law at all will be extremely difficult and take a very long time. The issue with a legal system based on such principles is that it will often lack clarity and predictability. On the other hand it
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