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Persuasiveness of Natural Law
Persuasiveness of Natural Law
• Dworkin's Natural theory of law emphasizes that the law should be interpreted
and applied in a way that is consistent with moral values and principles. He
believes that judges should consider the moral dimensions of a case and make
decisions that are not only legally justified but also morally just. [In this view,
Dworkin criticizes the idea that the law can be separated from morality and
argues that legal decisions should be grounded in ethical considerations. This is
in contrast to legal positivism, which holds that the law is purely a matter of
social convention and does not necessarily have any moral basis.]
• In essence, Dworkin's natural theory of law rejects the idea of a strict
separation between law and morality. He contends that legal decisions should
be based on moral principles and values, and that the law should aim to
promote justice and protect individual rights.
How Persuasive is N.L then?