Taking Rights SeriouslyWhat is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? |
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accept appeal argue argument of policy arguments of principle believe citizens claim collective goal concept constitutional contract controversial convictions count criminal decide defend DeFunis described discretion dissenters distinction distinguish doctrine draft duty enforce Equal Protection Clause example external preferences fact fairness favor follow fundamental grounds H. L. A. Hart Hart Hart's Hercules homosexuality idea important institutional rights issue judges judgment judicial judicial restraint justify law school lawyers legal philosophy legal positivism legal rights legal system legislation legislature Lord Devlin means ment moral rights original position particular philosophical political morality political theory positivists practice precedent proposition protect provides question Rawls Rawls's reason recognize reflective equilibrium requires right answer right to equal right to liberty rights thesis rule of recognition sense simply social rule theory society someone sort standards statute suppose Supreme Court theory of justice theory of law tion utilitarian argument wrong