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Dworkin and Hard Cases; A Reflection On the Role of the Judge in the Legal System
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Javad Yahyazadeh *    |
| Faculty of law and Political Sciences, Allameh Ttbataba'i University, Tehran, Iran. |
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Abstract: (331 Views) |
Solving hard cases in the legal system, where there is neither established rule nor judicial precedent, is no small fea; A subject that, in addition to law, also involves aspects of ethics, philosophy and politics. Dworkin's main question in the philosophy of law has been trying to find the right answer in hard cases and determining the scope of the judge's descretion in this regard. Based on this, the main question in the present paper with the normative method and information collection in a library style is "What is Dworkin's point of view about hard cases and the role of the judge in the legal system?". The findings of this research show that Dworkin, by criticizing two schools of natural law and especially legal positivism, tries to invent extra-rule standards of principles and policies, explain the principle of articulate consistency, and also emphasize the judge Hercules and his holistic approach in the legal system, to justify the outstanding role of the judge in the legal system; a theory that can be considered as a theoretical basis in the increasing trend of legal systems towards the juristocracy.
- Yahyazadeh, J. (2024). Dworkin and Hard Cases; A Reflection On the Role of the Judge in the Legal System, Journal of Legal Philosophy Studies, 1(1), 51-74. |
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| Keywords: Dworkin, Hard Cases, Principles, Politics, Judge, Hercules, Consistency |
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Full-Text [PDF 918 kb]
(255 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/08/21 | Accepted: 2023/10/22 | Published: 2024/01/5
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