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Moral Limits Of Dworkin's Theory Of Law And Legal Interpretation, David B. Lyons
Moral Limits Of Dworkin's Theory Of Law And Legal Interpretation, David B. Lyons
Faculty Scholarship
At the foundation of Justice for Hedgehogs is a commitment to moral objectivity – the doctrine that there are right answers to moral questions. This nicely complements Dworkin’s legal theory, which holds that right answers to legal questions depend on right answers to moral questions. Without the doctrine of moral objectivity, Dworkin could not reasonably maintain, as he does, that law provides determinate answers to legal questions.
Rethinking "Original Intent", David B. Lyons
Rethinking "Original Intent", David B. Lyons
Faculty Scholarship
Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.
The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons
The Connection Between Law And Morality: Comments On Dworkin, David B. Lyons
Faculty Scholarship
Our discussions yesterday seemed haunted by a contrast--never quite formulated--between Natural Law and Legal Positivism. The standard interpretation turns on the idea of a "necessary connection" between law and morality. Positivism has often been understood to hold, and Natural Law to deny, that there can be unjust laws.
The Nature Of The Contract Argument, David B. Lyons
The Nature Of The Contract Argument, David B. Lyons
Faculty Scholarship
As truth is the first virtue of belief, so justice is of social institutions. That is John Rawls's view, and it seems true, at any rate, of the law. Official acts, laws, and legal arrangements generally are characterized as just or unjust, while other moral categories are much less frequently invoked. Justice seems inseparable from good law. It is therefore striking and important that justice has recently been regarded by prominent legal theorists as rationally disreputable--as, in Kelsen's words, "an irrational idea." Many divergent conceptions of social justice have been propounded, and it is held that there is no rational …