Take Home Juris Exam :

1535 Words Dec 9th, 2015 7 Pages
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 likely to be the case and it has in fact been suggested that this idea of community can produce self identity rather than fraternity. The idea of law as integrity attempts to give relevance to both law and morality. Law applies equally to all members of the community: it must treat everyone with equal respect and concern. Law must provide the 'best fit ' with community morality. This involves the best interpretation of legal texts with reference to both what the community want and what is ideal. This idea of integrity when interpreting legal texts however cannot exists unless there is an assumption that these legal texts somehow constrain the meanings available or else this would not produce the fair and equal result Dworkin believes it would.…

More about Take Home Juris Exam :

Open Document