The essay content should argue that Dworkin’s understanding of the law is superior to that of the legal positivist as well as that of the natural law theorist. It should refer to the Riggs v Palmer case. The main resource of the essay should be: Freeman, Michael D. A, and of H. D. L. Lloyd. Lloyd’s Introduction to Jurisprudence. London: Sweet & Maxwell, 2014. Print.
Interpretivism represents the doctrine of constitutional understanding holding that judges should follow values and norms which expressly implies or state the language of the constitution. As a result, interpretivism shows that judges deciding constitutional issues must confine themselves and enforce rules stated and clearly implicit in written law. Therefore, interpretivism concerning the nature of law is the perception which legal duties and rights are determined by the scheme of principle that offers the best justification of particular political practices of the community. Ronald Dworkin developed interpretivism in most of his publications. Dworkin’s understanding of the law was superior to legal positivist and natural law theorist.
Third Theory by Dworkin is the best response to positivity.. Therefore, the Social Fact Thesis states that it is the compulsory truth that legal validity is a function of certain types of social circumstances. Hence, the notion here is that what eventually expounds the validity of law is a presence of particular social facts particularly formal promulgation through the legislature (Freeman and Lloyd 45). For example, the constitution of the U.S. is relied upon because all the states believe and conform to it.
The Separability Thesis utterly refutes naturalism’s Overlap Thesis. Hence, moral values and perceptions do not contradict each other. As a result, there is the absence of conceptual overlap between morality and notions of law.
Dworkin’s discards positivism’s Social Fact Thesis claiming there are few legal principles the authority of which may not be evaluated concerning social facts (Freeman and Lloyd 45). Arguably, in deciding hard circumstances, the judges frequently invoke the moral principles which Dworkin supposes do not originate their legal authority from the social benchmark of legality limited in the decree of recognition…