You're viewing as a guest. Sign in to save progress and pick up where you left off.
Step 7 of 7~8 min read
Reflection: Your Theory of Law
What do you actually believe about law, rights, and the authority of courts?
Prompts to consider
- Think of a law you regard as deeply unjust, current or historical. Do you think it is genuinely law? Are you obligated to obey it? What does your answer reveal about whether you are, at bottom, a positivist (law is law regardless of justice) or a natural lawyer (deeply unjust laws fail to be fully law)?
- Dworkin's Hercules constructs the best moral interpretation of the legal materials. When you read about a Supreme Court decision, do you find yourself asking 'what does the law say?' or 'what does justice require?' or 'what did the framers intend?' Which question feels most legitimate to you, and does your answer depend on whether you agree with the outcome?
- Rights as trumps: Dworkin says individual rights can override what the majority wants. Think of a case where you believe a minority right should prevail over a democratic majority. What is the foundation of that right in your view, is it grounded in something objective, or in a shared political commitment that majorities could in principle revoke? What does your answer reveal about whether you think rights are discovered or constructed?
Write at least a few sentences, then you can request feedback or mark this step complete.