Dworkin also believes that when deciding cases in law judges and lawyers must necessarily take moral considerations into account.
Ronald Dworkin’s ‘right answer thesis’ states that there are objectively right answers to most legal cases, even in hard cases where there is deep and intractable disagreement over what the law requires. Dworkin asserts, he must base his decision not on nonlegal standards or norms, but rather on what may be called legal principles. Dworkin's "Rights Thesis" 1169 "textbook rules," 16 . Academia.edu is a platform for academics to share research papers. Jury Nullification In R. v. Krieger and Dworkin's 'Right Answer' Thesis: A New Precedent? Dworkin's 'one-right-answer' thesis is crucial for understanding Dworkin's entire political and legal theory because of that theory's reliance on the status of value, particular moral value. Dworkin's rights thesis. the definite meaning of objectivity in Dworkin's sense, which has both legal and moral implications. Key Words: One-right-answer thesis, Legal Principles. This paper explores whether, through the lens of Rawls, Dworkin thinks that law is a branch of political morality, which is part of general morality (and which is, in turn, an extension of personal ethics). Dworkin's 'one-right-answer' thesis is crucial for understan- ding Dworkin's entire political and legal theory because of that theo- ry's reliance on the status of. Dworkin's Right-answer thesis has been heavily criticised, but how might it circumvent many of those criticisms by being interpreted as reflective equilibrium as conceived by Rawls. Legal principles, in Dworkin's view, are as much a part of the law as are the black-letter rules, and are equally binding on judges. 17 . there is always a correct legal answer The right answer will asserts and protect rights which are explicit or implicit in the fundamental values of the legal system. To get the right answer, assemble the best background fit' of the settled materials and determine which argument has more weight - this is the right answer. Dworkin claims that the rights thesis has both prescriptive and descriptive aspects.74 If Dworkin modifies his theory to enforce event rights, he may be able to save the prescriptive claim that this revised version of the rights thesis and right answer thesis is the theory of adjudication that judges should follow.