The passage suggests that Dworkin would be most likely to agree with which one of the following statements?

Sangwook on August 20, 2015

Help

I have no idea about what facts on the passage make Dworkin agree with "legal positivist so misunderstand the role of moral intuition in legal interpretation." Thanks,

2 Replies

Melody on September 12, 2015

We are told in the second to last paragraph that Dworkin "stresses the fact that there is an internal logic to society's laws and the general principles they typically embody," (lines 35-37). The author continues to explain that these principles may "involve moral concepts like justice and fairness, which the judges may call upon to consult their own moral intuitions in arriving at an interpretation," (lines 40-42). However, the author stresses, this does not mean that "judges are free to impose their own morality at will, without regard to the internal logic of the laws,' (lines 43-44).

In the last paragraph the author explains that Dworkin believes that the positivist's mistake is in assuming that "the meaning of the law can only consist in what people think it means, whether these people be the original authors of the law or a majority of the interpreter's peers," and once they realize that the law has an innate logic that places limitations on interpretation, then they will open up the possibility of "improving upon the interpretations not only of" contemporaries, but of the original authors, as well, (lines45-52).

Thus, Dworkin believes that the legal positivists think moral intuition places no limitations on legal interpretation, when in actuality, even though judges may need to "call upon" their own moral intuitions, the law has "an internal logic" that places "constraints" upon it. So, Dworkin believes that "legal positivists misunderstand the role of moral intuition in legal interpretation," i.e. answer choice (E).

Hope that clears things up! Please let us know if you have any other questions.

Sangwook on September 12, 2015

Thanks a lot!!!^^