Term
Dworkin's Constiutional democracy
the inherient value of law is not to endorse a set aim of the majority.
Limit is justified as it reifieces the eseentail point of democracy- equality.
what is value? what does it produce? how does it function? |
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Definition
materialized as a response to the inadequency of the majoritarian premise.
Main elements are the fact that its limits freedoms, inorder to promote equality. In an ideal society the will of the majority would be to respect and protect the rights of the minority. aka consistent with respecting majority rights. The inherient value of law is not to endorse the will of the majority.
It does so to make equal moral members of a society |
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Term
Moral members of the community:
An ideal democracy has conditions for democracy.
3 things to remember tha break into 3 other things
PIMS |
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Definition
1) Structural is basic: everybody must form a political commmunity
2) Relational more comprehensive: individuals are considered equal members in the decision making process. they are moral agents in three ways 1)tkae part 2) have a stake 3) moral independance (self destine) these promot positive agency. acroynmn. P. s MI PIMS |
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Term
IMPORTANT to legitimize constiutional democracy over majoritarianism
DWORKINS RIGHTS MODEL |
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Definition
| 1) they have moral loss when it is limited, 2) does not adequetly articulate the purpose of democracy (equality) |
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Term
For Dworking Consitution and judging are connected by:
Remember Dworkin is all about individual rights
2 points |
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Definition
1) claims to equality prinicples of judges in pnumbera are prefaced on constiutional rights.
2) judges make deicision based on political principles whcih underline the constitutional regimes |
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Term
VERBATIM REMEBER
regards to judges decision, and legislature CONNECTION POINT |
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Definition
| Dworkin believes judges should be interpreting political principles of our polity. Legislatures often refeclt the majority, thus judges are in a better poisition to work out the implications of individual rights imbeeded in the law. |
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Term
for Dworkin
moral concern is limited |
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Definition
| MORAL CONCERN IS LIMITED TO THE PRINCIPLES USED TO JUSTIFY THE LAW. (RULE OF LAW) |
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Term
for Dworkin
moral concern is limited |
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Definition
| MORAL CONCERN IS LIMITED TO THE PRINCIPLES USED TO JUSTIFY THE LAW. (RULE OF LAW) |
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Term
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Definition
| often oscillates between liberal and leftist perspective. however both perspectives do not provide remedy. issue of dillema |
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Term
Liberal point
DOES NOT PROVIDE CRITICAL TOOLS
NEUTRAL REMEBER N
TREATS LAW as a tool for social betterment |
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Definition
| legitimizes the inequality of women and men. does not promote positve freedom. Has insiduious nautre, and produces an illusatory effect. |
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Term
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Definition
| Law is a form of powe relations. it legitimates male domination |
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Term
| Major claim from Mackinnon then is that |
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Definition
| LAW LEGITIMATES GENDER INEQUALITIES BY MAKING THEM INVISIBLE. law works in pulic not private sphere |
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Term
3 ex how law perpetuates status quo
by purporting its neutrality
PNF SEXLL
Dworkin tacit assumption is that men and women have equal rights |
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Definition
Equality laws: does not protect from ocial inequality
Priotizes negative freedom rather than positive freedom, when there is no pos freedom no amount of state help can aid in postiive freedom
3) Sexual harassment:
4) Labour laws |
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Term
operation of laws descrimination
Dworkin doesn’t critique the notion of a “right”, nor does he question the abstract concept of a “person”. Legal concepts that have contibuted to the opression of females |
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Definition
| state is male objectivity is its norm. before operation of norm there is inequality. purports to be equal but legitimitzes and makes inequality invisible. it exacerbates ineqaulity. it appears to have a netural point of view, butis masked by its own devices that it cannot adress the conflict that underlies it. |
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