On Dworkin’s view, what should a judge do in "core" cases? Why?

On Dworkin’s view, what should a judge do in "core" cases? Why?

On Dworkin’s view, what should a judge do in "core" cases? Why?

On Dworkin’s view, what should a judge do in "core" cases? Why?

I think that what you are referring to as “core” cases here is what I learned to call “hard” cases when I was studying Dworkin and others.  If so…In hard cases, Dworkin argues that judges must consult with the moral principles that underlie their society.  They must look at these principles and decide what outcome in the case will be most consistent with these principles and with the natural rights that all people have.  This is extremely difficult and judges will not always come up with the right answer.The reason they must do this is that these are the hard cases.  In these cases, there is not an obvious answer that can be found simply by referring to the law.  Because the answers are not in the law, judges must find them in principles, not statutes.
On Dworkin’s view, what should a judge do in "core" cases? Why?
On Dworkin’s view, what should a judge do in "core" cases? Why?
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On Dworkin’s view, what should a judge do in "core" cases? Why?
Read More