Hercules Revisited: An Evolutionary Model of Judicial Reasoning

Abstract

Ronald Dworkin’s model of judicial reasoning is compared and contrasted to Karl Popper’s rational and externalist model for reasoning in the scientific field. The purpose of this piece is to demonstrate that Popper’s model can translate into the legal field and be used to modify Dworkin’s methods to create a consistent, workable model for understanding judicial reasoning. It also invites further discussion on the nature, source, content and desirability of the model that is proposed.

Keywords: Ronald Dworkin, judicial reasoning, Karl Popper, legal reasoning