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365DaysOfPhilosophy 158 — Ronald Dworkin
Discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction. It is therefore a relative concept. It always makes sense to ask, “Discretion under which standards?” or “Discretion as to which authority? — Ronald Dworkin.
Taking Rights Seriously was published in 1977 by Ronald Dworkin, a work that proposes a third option to natural law theory (that there is a higher power that guides what is moral and correct) and legal positivism (that there is a separation between law and morality). His primary argument is that law is interpretative, allowing for legal questions to be not only settled by uncontroversial standards but also normative principles that underly agreed-upon laws.
For Dworkin, right answers follow from what is the best constructive interpretation, allowing for a third way beyond divine guidance as the natural law theorists propose and that law and morality are intertwined. General principles aid the rules that we make and judgments are bound by the aid that they provide.
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Discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction. It is therefore a relative concept. It always makes sense to ask, “Discretion under which standards?” or “Discretion as to which authority? — Ronald Dworkin.
Taking Rights Seriously was published in 1977 by Ronald Dworkin, a work that proposes a third option to natural law theory (that there is a higher power that guides what is moral and correct) and legal positivism (that there is a separation between law and morality). His primary argument is that law is interpretative, allowing for legal questions to be not only settled by uncontroversial standards but also normative principles that underly agreed-upon laws.
For Dworkin, right answers follow from what is the best constructive interpretation, allowing for a third way beyond divine guidance as the natural law theorists propose and that law and morality are intertwined. General principles aid the rules that we make and judgments are bound by the aid that they provide.