Chapter

Ronald Dworkin's Right Answer Thesis

Brian Bix

in Law, Language, and Legal Determinacy

Published in print November 1995 | ISBN: 9780198260509
Published online March 2012 | e-ISBN: 9780191682100 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260509.003.0005

Series: Clarendon Paperbacks

Ronald Dworkin's Right Answer Thesis

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Ronald Dworkin's earlier work advocated that there exists a unique right answer for a vast majority of cases. However the nature of this ‘right answer thesis’ was a direct response to Hart's argument on ‘open texture’ and judicial discretion. In addition, Dworkin did not include the limitations and complexities of language as an obstacle to his thesis. His more recent work provided a more helpful scrutiny on ambiguous, open-textured, or unclear applications, and argument of relevant legal language. This chapter investigates the effectiveness of the ‘right answer thesis’, inquiring into the strengths and weaknesses of the thesis argument, from the offered critique by A.D. Woozley. Dworkin's interpretative (holistic) approach did not fit the practice.

Keywords: right answer; right answer thesis; open texture; judicial discretion; Dworkin; legal language; thesis argument

Chapter.  22444 words. 

Subjects: Jurisprudence and Philosophy of Law

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