By mike dorf in my latest findlaw column, i revisit a theme i explore roughly once every five years: advice to new law students about what to expect in law school (the column provides links to the earlier essays) here i want to ask whether one of the points i make in the new column contradicts one of the. Right answer unacceptable in a noncognitivist axiological framework introduction 1 the one right answer thesis [orat] is best known as one of the elements of professor dworkin's ideas (dworkin 1977, 81, 286ff dworkin 1986, ix, 10 76-86 ) the purpose of this paper is neither to analyze nor to make an. Every paper you write should have a main point, a main idea, or central message the argument(s) a thesis statement focuses your ideas into one or two sentences it should the topic your thesis statement should tell your reader what the paper is about and also help guide your writing and keep your argument focused. Ronald dworkin, who died this year, was one of the great legal philosophers of the modern era he was a proponent of the right answer thesis (there is a right answer for judges to find, even in the most difficult cases), the value of legal integrity (interpreting legal provisions, we should aim to make the. Out of the idea that law is 'interpretive' in this way, dworkin argues that in every situation where people's legal rights are controversial, the best interpretation involves the right answer thesis, the thesis that there exists a right answer as a matter of law that the judge must discover dworkin opposes the notion that judges have.
The other then by revisiting dworkin's model, which he characterizes as constructive, interpretive (and even argumentative), evaluative and integrative and, concludes by reconsidering in this light the one right answer thesis keywords: legal theory and methodology, argumentative, constructive, evaluative, integrative. Other critics also criticize dworkin on the ground that the right thesis cannot be demonstrated that there is only one right answer to a question3 criticism the proposition that judge have a weak discretion and that they are to find the right answer from the principles is unsustainable hart criticizes dworkin‟s right answer. Only one institutional right), is a separate and distinguishable claim that claim, which i will call the right answer hypothesis, seems historically important to the development of the rights thesis it is closely related (though not identical) to dworkin's discomfort with judicial discretion, from which the entire theory seems to have. Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits the english jurist john austin there are infinitely many ways of complying with a command to “close the door” (quickly or slowly, with one's right hand or left, etc) thus, even an “easy case.
Pants, that no one may claim an institutional right by direct appeal to general morality tional rights the second axiom of the rights thesis-that judges do not have discretion in any non-trivial sense of the word-is closely related to dworkin's even if there is such an answer, the rights thesis does not make it. Ronald dworkin, by contrast, does purport to offer judges a general theory of legal interpretation which they can use to guide their interpretive activities, and which, if followed correctly, will lead them to the 'one right answer' in the case before them (on dworkin's 'one right answer' thesis, see further point (7).
This work considers to what extent judicial discretion can be said to exist in the uk legal system it then considers that discretion with reference to the theories of professor ronald dworkin then, the 'one right answer' thesis of professor dworkin is critiqued with reference to case law of the scottish and united kingdom. Right thesis ronald dworkin introduction the judiciary plays an important role in all legal system but the question is: how does a judge decides a case in summary, dworkin's right thesis asserts that a right legal answer would be one that asserts and protect rights which are explicit or implicit in the. What a thesis is: it is a claim (not a fact) that can be supported by a reason or reasons it directly answers the question of the assignment it is a statement that unifies the paper by stating the writer's most important or significant point regarding the topic it is usually one sentence that does not discuss many topics.
The right answer but the wrong right dworkin's theory of legal reasoning is built on the proposition that litigants are entitled to the enforcement of preexisting legal rights one way in which the rights thesis expresses this major claim is by presup- posing that litigants have a right to have decisions in civil cases deter. As in a matter of principle, dworkin develops the view that law is an interpretive concept 4 in law's empire, dworkin re- fines the thesis, dividing it into a general part and a specific part the general part describes what interpretation is and then what an interpretation of law is the specific part offers an interpretation of.
And defends his thesis that hard cases have right answers2 i claim that dworkin's confusion stems from an inability or refusal to resist the influence that is exerted on his philosophizing by a certain method of depicting language-one which insists always on portraying words like right answers in hard cases ( hereafter ra). You finally revise your thesis statement one more time to look like this: because half of all american elementary school children consume nine times the recommended daily allowance of sugar, schools should be required to replace the beverages in soda machines with healthy alternatives notice how the thesis answers. 968 (1977) hart ventures the prophecy that the chief criticism of dworkin will be directed at his insistence on there being one right answer for each legal issue addressed by a judge however, hart goes on to say that dworkin challenges a basic theme of english jurisprudence which says that judges and.