Ep. 304: Dworkin v. Hart on Legal Judgment (Part One)
The Partially Examined Life Philosophy Podcast
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The Importance of Community Standards of Fairness
Mark O'Mara: Sometimes there might be a way to use precedent to justify principle, right? But sometimes you're not going to be able to do that. He says judges are thinking more broadly about community standards of fairness. Dworkin doesn't actually address that specifically until the end of the hard cases essay; he kind of wants to look at it like a sociologist and say, what is the community standard? Moya: In most cases, because you're a member of this moral community, you are going to have some stake.
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