Arguments of Virtue and Constitutional Criminal Procedure
(2008) 58 University of Toronto Law Journal 355.
22 Pages Posted: 1 Jul 2013
Date Written: January 1, 2008
Though Ronald Dworkin has directed Is Democracy Possible Here? at a lay audience, its accessibility gives academics an opportunity to consider his more philosophically rigorous works with fresh eyes. In particular, it gives us a chance to re-evaluate Dworkin’s distinction between principles and policies and to reconsider the place of arguments of virtue in his theory of constitutional interpretation. Furthermore, we are better able to understand various cases and doctrines in constitutional criminal procedure when we acknowledge the role of arguments of virtue in legal debates.
Keywords: Ronald Dworkin, constitutional law, criminal procedure, principles, policies
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