| Descripción: |
Ronald Dworkin’s ‘right answer thesis’ states that there are objectively right answers to most legal cases, even in hard cases where there is deep and intractable disagreement over what the law requires. Dworkin also believes that when deciding cases in law judges and lawyers must necessarily take moral considerations into account. This is problematic, however, for if moral considerations come into play when legal decisions are made, then there can only be a single right answer as a matter of law if there is a single right answer to the relevant moral question; Dworkin’s right answer thesis implies that morality is objective. Arguing against Brian Leiter’s claim that the only plausible conception of objective truth in ‘evaluative’ domains (such as morality, law, aesthetics and philosophy) is one modeled on the conception operative in ‘hard’ domains such as science. The following paper will show that this scientific understanding of objectivity is inappropriate for evaluative domains such as morality and law. I demonstrate that, contrary to people like Leiter and John Mackie, this conclusion does not preclude the possibility of objective moral truth. I argue that the conception of objectivity that Dworkin believes is appropriate for domains such as morality and law is a legitimate one, and also that it is one we ought to embrace so that we may indeed speak of objectively ‘right’ answers to legal cases, so that the possibility of law itself is not compromised, and so the state’s authority is made legitimate. |
