Oxford: Oxford University Press. • Donnerstein‚ E.‚ Linz‚ D. and Penrod‚ S.‚ 1987‚ The Question of Pornography: Research Findings and Policy Implications‚ New York: Free Press; London: Collier Macmillan. • Dworkin‚ A.‚ 1981‚ Pornography: Men Possessing Women‚ London: The Women ’s Press. • Dworkin‚ R.‚ 1985‚ "Do We Have a Right to Pornography?" in A Matter of Principle‚ Harvard: Harvard University Press‚ ch. 17. • Dwyer‚ S. (ed.)‚ 1995‚ The Problem of Pornography‚ Belmont‚ CA: Wadsworth. • Dyzenhaus
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The evidentiary view supports the idea that‚ “people are not the best judges of what their own best interests would be under circumstances they have never encountered and in which their preferences and desires may drastically have changed.” (Dworkin 361) A person before developing dementia has no idea what it will be like‚ so in the case that an advance directive was written‚ the evidentiary view allows for the acceptance of‚ essentially‚ a change of heart. I believe the evidentiary view protects
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much-esteemed Ronald Dworkin. Part I – Adjudication of Hard Cases In his well-regarded works entitled “Taking Rights Seriously” and “A Matter of Principle‚” Dworkin provides an outstanding account of how judges should adjudicate hard cases. In presenting this account‚ he examines the discretion thesis. This thesis serves as the mechanism by which members of the judiciary should decide the most difficult of cases by establishing new law in the exercise of discretion. Dworkin assesses this thesis
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single fundamental test for law forces us to miss the important standards that are rules.” explains Dworkin on his attack on positivism. It is argued‚ by Dworkin‚ that both legal positivism and natural law theories are in reality searching for an answer to the question ‘what is law?’ a fundamental question and challenge towards the debate and critique of the natural lawyer and positivist. However Dworkin directs towards another issue‚ a more specific question of understanding law‚ gained by asking
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thinking that had long been considered dead and buried. Perhaps most notoriously‚ Dworkin combated the positivist theory of his former teacher and predecessor as Professor of Jurisprudence at Oxford University‚ H.L.A. Hart. When comparing the two‚ it is apparent that Dworkin and Hart disagree on a plethora of issues‚ however there exist several disagreements that can be noted as fundamental. Since the work of Dworkin deals with the criticism of positivists such as Hart‚ to appreciate Dworkin’s arguments
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justified‚ and when they cannot‚ by appealing to agent responsibility. If inequality is a result of the agent’s choice‚ then it is justified. If not‚ then egalitarianism calls for redistribution. Emphasis on agent responsibility was first made by Ronald Dworkin in ‘Equality of Resources.’ Equality of resources seeks to distribute resources to those affected by inequality that was not of their own doing. Building on this theory was Gerald Cohen in ‘Equal Access to
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embrace. Philosophers Ronald Dworkin and John Stuart Mill have both presented personal thoughts on the rationalization of liberty of expression‚ and why it is imperative that we as a society defend this right. Ronald Dworkin and John Stuart Mill both present similar ideas when focusing on this subject‚ stating that it is a vital aspect to the success of society‚ but also have differing viewpoints on whether these rights should be controlled in certain situations. Ronald Dworkin supports a society where
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Critically evaluate Dworkin ’s and Habermas ’s approach to civil disobedience. The following essay will attempt to evaluate the approach taken by Dworkin and Habermas on their views of civil disobedience. The two main pieces of literature referred to will be Dworkin ’s paper on Civil Disobedience and Nuclear Protest ’# and Habermas ’s paper on Civil Disobedience: Litmus Test for the Democratic Constitutional State. ’# An outline of both Dworkin ’s and Habermas ’s approach will be given ‚ further
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Synopsis Love & Diane tells the epic story of a family over three generations. At its heart lies the highly charged relationship between a mother and daughter‚ desperate for love and forgiveness but caught in a devastating cycle. For Love‚ the world changed forever when she and her siblings were torn from their mother‚ Diane. Separated from her family and thrust into a terrifying world of institutions and foster homes‚ the memory of that moment is more vivid to her than her present life. Ten
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tried over racial discrimination‚ with verdicts of both innocent and guilty. Ronald Dworkin attempts to argue that preferential treatment is socially useful and at the same time does not violate people’s rights. This is wrong for many reasons; here I shall illustrate how preferential treatment hinders racial equality‚ violates people’s rights‚ and can lead to a lower opinion toward a particular race. Dworkin believes that continuing preferential treatment will decrease racial consciousness and
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