Skip to content
Carmelics
TopicsThinkersChangesContributorsLoading account…

    Carmelics

    A reasoning platform. Break down any belief into clear reasons, explore both sides, and weigh the evidence honestly.

    Navigate

    • Topics
    • Search
    • Recent Changes
    • Contribute
    • How It Works
    • Glossary
    • Thinkers
    • Contributors
    • About
    • Statistics
    • Terms
    • Privacy

    Database

    Statements
    —
    Perspectives
    —
    Topics
    —

    Press ? for keyboard shortcuts

    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Natural law theory of law is approximated by Dworkin's ac... — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    Natural law theory of law is approximated by Dworkin's account of law and adjudication, both in frontier cases like Nuremberg and in ordinary legal reasoning.

    Justice & PunishmentSocial Contract
    ?Rate how convincing each reason is below to see the overall strength.
    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Dworkin treats moral standards as capable of being morally objective and true, in line with natural law theory.
      ?

      Think about whether this reason is strong or weak

    • 2.Dworkin's account holds that moral standards function as a direct source of law or justification for judicial decision.
      ?

      Think about whether this reason is strong or weak

    • 3.Natural law theory similarly treats moral standards as grounding legal correctness.
      ?

      Think about whether this reason is strong or weak

    Reasons Against

    2 perspectives
    Reason against 1 of 2
    ?
    • 1.Dworkin's interpretivism derives legal obligations from the practice of a particular community's institutional history, not universal moral truths.
      ?

      Think about whether this reason is strong or weak

    • 2.Natural law grounds legal validity in reason-independent moral norms binding all legal systems, regardless of local institutional fit.
      ?

      Think about whether this reason is strong or weak

    • 3.This distinction means Dworkin's 'law as integrity' is a sophisticated positivism about particular legal systems, not natural law theory.
      ?

      Think about whether this reason is strong or weak

    Reason against 2 of 2
    ?
    • 1.Hart's positivist critique in 'Postscript' shows Dworkin's moral principles enter law through judicial recognition, resembling a social rule of recognition.
      ?

      Think about whether this reason is strong or weak

    • 2.Natural law requires that unjust positive law lacks legal validity as such; Dworkin never endorses this strong invalidity thesis for wicked law.
      ?

      Think about whether this reason is strong or weak

    Sign in or register to share your perspective on this statement.

    Next step

    Based on where you are in your exploration

    Strongest counterpoint
    Explore the most compelling reason on the other side.

    Topics

    Justice & PunishmentSocial Contract

    Connections

    1 topic

    Truth & Knowledge2 linked

    Related

    Dworkin treats moral standards as capable of being morally objective and true, i...Dworkin's account holds that moral standards function as a direct source of law ...Dworkin's interpretivism derives legal obligations from the practice of a partic...Hart's positivist critique in 'Postscript' shows Dworkin's moral principles ente...
    +4 moreShow less
    Natural law grounds legal validity in reason-independent moral norms binding all...Natural law requires that unjust positive law lacks legal validity as such; Dwor...Natural law theory similarly treats moral standards as grounding legal correctne...This distinction means Dworkin's 'law as integrity' is a sophisticated positivis...

    Similar

    Natural law theory is not significantly less concerned than contempora...81%Natural law theories hold that conscientious attention to social-fact ...78%Natural law theories hold that sound adjudication gives priority to so...78%Sound and legitimate adjudication under natural law theory requires pr...77%

    Source

    AI-extracted1/3 agreementValid
    SEP: natural-law-theories
    View source passageHide passage
    Natural law theory of law thus finds itself, in this respect, approximated to by Ronald Dworkin’s account of law and adjudication, not only in frontier situations like Nuremberg but also in the day-to-day working of a sophisticated legal system. Normal adjudication and judicial reasoning has two dimensions or criteria for distinguishing correctness from incorrectness in judgments. One dimension comprises social-fact sources (statutes, precedents, practice, etc.), called by Dworkin “legal materia
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit