The Right Answer Thesis
Suppose the legislature has passed a statute stipulating that "sacrilegious contracts shall henceforth be invalid." The community is divided as to whether a contract signed on Sunday is, for that reason alone, sacrilegious. It is known that very few of the legislators had that question in mind when they voted, and that they are now equally divided on the question of whether it should be so interpreted. Tom and Tim have signed a contract on Sunday, and Tom now sues Tim to enforce the terms of the contract, whose validity Tim contests. Shall we say that the judge must look for the right answer to the question of whether Tom's contract is valid, even though the community is deeply divided about what the right answer is? Or is it more realistic to say that there simply is no right answer to the question? (Dworkin, 1985, p. 119)
One of Dworkin's most interesting and controversial theses states that the law as properly interpreted will give an answer. This is not to say that everyone will have the same answer (a consensus of what is "right"), or if it did, the answer would not be justified exactly in the same way for every person; rather it means that there will be a necessary answer for each individual if he applies himself correctly to the legal question. For the correct method is that encapsulated by the metaphor of Hercules J. This metaphor of Judge Hercules, an ideal judge, immensely wise and with full knowledge of legal sources. Hercules (the name comes from a classical mythological hero) would also have plenty of time to decide. Acting on the premise that the law is a seamless web, Hercules is required to construct the theory that best fits and justifies the law as a whole (law as integrity) in order to decide any particular case. Hercules, Dworkin argues, would always come to the one right answer.
Dworkin does not deny that competent lawyers often disagree on what is the solution to a given case. On the contrary, he claims that they are disagreeing about the right answer to the case, the answer Hercules would give.
Dworkin's critics argue not only that law proper (that is, the legal sources in a positivist sense) is full of gaps and inconsistencies, but also that other legal standards (including principles) may be insufficient to solve a hard case. Some of them are incommensurable. In any of these situations, even Hercules would be in a dilemma and none of the possible answers would be the right one.
Read more about this topic: Ronald Dworkin
Famous quotes containing the words the right, answer and/or thesis:
“‘Tis said that courage is common, but the immense esteem in which it is held proves it to be rare. Animal resistance, the instinct of the male animal when cornered, is no doubt common; but the pure article, courage with eyes, courage with conduct, self-possession at the cannon’s mouth, cheerfulness in lonely adherence to the right, is the endowment of elevated characters.”
—Ralph Waldo Emerson (1803–1882)
“It is not enough to ask, ‘Will my act harm other people?’ Even if the answer is No, my act may still be wrong, because of its effects on other people. I should ask, ‘Will my act be one of a set of acts that will together harm other people?’ The answer may be Yes. And the harm to others may be great. If this is so, I may be acting very wrongly, like the Harmless Torturers.”
—Derek Parfit (b. 1943)
“I was now at a university in New York, a professor of existential psychology with the not inconsiderable thesis that magic, dread, and the perception of death were the roots of motivation.”
—Norman Mailer (b. 1923)