Law as Weak Integrity: Deflating Dworkinianism

Abstract

In this paper, I want to sketch out a conception of law that combines elements of Dworkinianism, positivism, and realism. I will argue that while Dworkin gets some fundamental things right, he should have stayed closer to the positivists and realists. Above all, he should not have given morality such a prominent role in legal interpretation and adjudication. Instead, he should have accepted that there may be far fewer uniquely correct answers to difficult legal questions (in civil and constitutional law) than his rights thesis suggests.