Dworkinian

Simon P thinks you have Dworkinian inclinations because that seems like the most charitable way to interpret your underlying view and the criticism of Obama that follows from it.

The Volokh Conspiracy » Legal Ambiguity, Empathy, and the Role of Judicial Power: 2009

One further exegetical point: your theory of what Obama means by “empathy” might be reconciled with your anti-discretion mechanistic positivism/Dworkinian? view.

The Volokh Conspiracy » Legal Ambiguity, Empathy, and the Role of Judicial Power: 2009

This is a fairly mechanical view of the law, or, if it allows appeals to moral sources, then it looks like some form of soft positivism or perhaps a Dworkinian theory, where legal sources always supply right answers.

The Volokh Conspiracy » Legal Ambiguity, Empathy, and the Role of Judicial Power: 2009

So it is hard to see how it lets men off the hook, or fails to acknowledge the Dworkinian relationship between rape and sex.

Link Farm and Open Thread #11 2006

This stuff should be out on grounds of simple professionalism, not some god-damned Dworkinian poetry.

The Policeman's Blog 2006

Dworkinian interpretation, however, seems to have a more abstract and global feel to it, in the sense that it is the social practice of law as a whole (Dworkin 1986, 87-88), including the entire legal history of a given jurisdiction, as well as any data speaking to the point or purpose of legal practice in general, which constitutes the original to be interpreted.

Interpretation and Coherence in Legal Reasoning Dickson, Julie 2005

In a nutshell, anytime I could see a difference between the originalist result (namely something repugnant to me) and the Dworkinian result (which will necessarily comport with my best moral judgment), I should, for rule of law reasons AND the reasons of skepticism adduced by Prof.

Balkinization 2005

That is the superiority of originalism over Dworkinian approaches.

Balkinization 2005

He is then far worse off than others, but his bad fortune comes about through his own choice -- hence is not compensable according to Dworkinian equality of resources.

Egalitarianism Arneson, Richard 2002

On the Dworkinian interpretation, the seamless web of the law is the object of the Herculean enterprise of producing the theory that best fits and justifies the law.

Legal Theory Blog 2009