Similarly, we take it as a right that it’s wrong for a state to enact retroactive guidelines, inconsistent rules, and rules that require what is impossible. Poisoning might have its internal standards of efficacy, however such standards are distinguishable from the rules of legality in that they conflict with moral ideals. While Dworkin acknowledges the existence of inauspicious circumstances that do not fall clearly underneath a rule, he believes they don’t seem to be resolved by an train of judicial discretion. On Dworkin’s view, there’s all the time a right answer to such circumstances implicit in the pre-present legislation. Of course, it generally takes a judge of Herculean intellectual ability to discern what the right reply is, but it’s always there to be present in pre-current regulation.
The fact that a coverage would be just, sensible, efficient, or prudent is never adequate reason for pondering that it’s truly the law, and the fact that it is unjust, unwise, inefficient or imprudent is never enough cause for doubting it. According to positivism, law is a matter of what has been posited (ordered, determined, practiced, tolerated, and so forth.).
STATUTORY AND CONSTITUTIONAL LAW RESEARCH
Everyone is held accountable to the same legal … Read More