LJU4801 Assignment 2 Semester 1 2025

Assessment 2 LJU4801 Instructions Questions 1. There are divergent views on how judges decide cases. From the objectivist theories’ perspective judges are part of a community of interpreters and this community determines how judges must decide cases. Briefly explain this perspective using Dworkin’s communalist theory. Your answer should not exceed 300 words. Dworkin’s communalist theory, as part of the objectivist approach, asserts that judges are not independent decision-makers but are instead constrained by a broader community of interpreters. This community includes other judges, legal scholars, and the legal traditions of the system within which they operate¹. The theory suggests that judicial decision-making is not a subjective exercise but is guided by the principles and values historically embedded in the legal system². 1 Dworkin, R. (1986). Law’s Empire. Harvard University Press. Dworkin distinguishes between "Easy cases" and "hard cases." In easy cases Judges simply apply established legal rules as the logical starting point³. However, in hard cases, where multiple legal rules may apply or where the law is unclear, judges must weigh competing principles⁴. These principles are determined by examining past legal decisions and the broader moral and ethical values within the legal system⁵. Dworkin argues that judges must engage in what he calls constructive interpretation, meaning they should interpret authoritative legal sources in a way that aligns with the