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Dworkin and Judicial Policy Making

The rule of law entails the practical manifestation of our social and philosophical ideals: the rule of law is ideals in action. The rule of law allows public standards to be applied to personal behaviors. The rule of law also requires the proper exercise of power by a governing body. The government enforces the law, but no individual is above the law.

The principles of law include the following. The government must itself ascribe to the law; the governing body is itself subject to the law and must therefore operate with in the parameters of the law. Second, the government's objective is to create and maintain social order and peace through applying rule of law. However, the government must act fairly when enforcing the law. No individual should be punished if he or she is unaware of the rules. Thus, the third principle entails that rule of law must be spelled out clearly for the public; individuals must be aware of the rules. Finally, all persons who are c


According to the Grand Inquisitor, individuals will be more motivated to obey the "moral law" only via external authority. On their own, people are incapable of acting according to idealistic moral principles. Especially in the absence of the fear of divine retribution or divine reward, the government plays a key role as an authority that enforces rule of law. A person who

According to Dworkin, when the Supreme Court overturns precedent and effectively creates new law, it still must give reasons. These reasons do not derive from statutes but from "principles of justice and policy." The sources of interpretive standards used in extreme cases include personal morality, changing social norms, and other abstract sources of moral law. Ideally the court will remain committed to upholding state or federal constitutions. Nevertheless, when the courts reinterpret and reform the law, they can create conflicts and present significant problems for policy makers. In t

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Approximate Word count = 648
Approximate Pages = 3 (250 words per page double spaced)


  

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