Finale Blog

As the semester comes to a close the last thing I would like to discuss is Dworkin and Judge Hercules. While according to Dworkin, Judge Hercules could come to any correct decision by using law as integrity.  Dworkin's critics argue not only that law proper (that is, the legal sources in a positivist sense) is full of gaps and inconsistencies, but also that other legal standards (including principles) may be insufficient to solve a hard case. Some of them are incommensurable. In any of these situations, even Hercules would be in a dilemma and none of the possible answers would be the right one. I disagree with this to a certain extent because I believe that Hercules would be establishing a just moral precedent, that could be look to in the future. At the same time I recognize that as long as a person is in an authoritative position, there is always room for the risk of fault and corruption of the values in that society