Question: Critically assess the validity of Dworkin’s criticisms towards positivism and whether natural law theory may itself be disputed.
Answer: This directs attention towards the fictional judge developed by Dworkin, Hercules J. He is a judge with superhuman skill, learning, patience and acumen used to illustrate an idealistic process, fundamentally essential to his construction . This judge is expected to construct a scheme of abstract and concrete principles that provides a coherent justification for all common law precedents and is intended to point the way to the correct legal answer . He will decide on a theory of law which best coheres with his community. Arguably, for that reason, Hercules is deciding cases in the light of what already exists. Dworkin says that we can assume that Hercules accepts most of the settled rules of his jurisdiction, laying down the characteristics of law.......(short extract)
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Details: - Mark: 72% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2644 | References: Yes | Date written: January, 2010 | Date submitted: February 15, 2011 | Coursework ID: 647
