RONALD DWORKIN's 'LAW AS INTEGRITY' theory (Law's Empire, 1986) argues that:
Alaw is only rules (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986)) (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986)) (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986))
Blaw has no morality (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986)) (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986)) (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986))
Claw consists of RULES AND PRINCIPLES; judges in HARD CASES must construct the BEST CONSTRUCTIVE INTERPRETATION of legal materials, fitting past decisions and morally justifying them — the metaphor of the chain novel; rejecting Hart's positivist 'discretion thesis'
Dlaw is only customs (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986)) (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986)) (cf. Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986))
Answer & Solution
Correct answer: C. law consists of RULES AND PRINCIPLES; judges in HARD CASES must construct the BEST CONSTRUCTIVE INTERPRETATION of legal materials, fitting past decisions and morally justifying them — the metaphor of the chain novel; rejecting Hart's positivist 'discretion thesis'
1. RONALD DWORKIN (1931-2013) developed an interpretivist theory critical of legal positivism.
2. KEY ARGUMENTS:
3. (i) LAW INCLUDES PRINCIPLES — not just rules. Principles have weight, not all-or-nothing application.
4. (ii) RIGHTS AS TRUMPS — individual rights trump majoritarian preferences.
5. (iii) HARD CASES — judges must find the RIGHT ANSWER through interpretation, not exercise positivist discretion.
6. (iv) LAW AS INTEGRITY — judges must construct the BEST CONSTRUCTIVE INTERPRETATION of legal materials, fitting past decisions and morally justifying them.
7. (v) CHAIN NOVEL ANALOGY — each judge writes a new chapter, fitting prior chapters and developing the story coherently.
8. (vi) HERCULES — the ideal judge with infinite knowledge and analytical skill.
9. CONTRAST with Hart's positivism: law contains both rules and principles; principles connect law to morality.
10. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Ronald Dworkin, 'Taking Rights Seriously' (1977); 'Law's Empire' (1986)_
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