LJU4801
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 2025
QUESTION 1 (2 ANSWERS PROVIDED)
Dworkin’s Communalist Theory within the Objectivist Framework
Objectivist theories of adjudication maintain that judges do not simply decide cases according
to their personal preferences; rather, their decisions are shaped by certain objective
constraints. One key example of this perspective is Ronald Dworkin’s communalist theory,
which recognizes the significance of a community of interpreters—namely, other judges and
the broader legal tradition—on judicial decision-making.
Dworkin begins by distinguishing between easy cases and hard cases. In easy cases, there is
usually a clear, applicable rule contained in legislation or a well-established precedent, and the
judge merely applies that rule to the facts.
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 2025
QUESTION 1 (2 ANSWERS PROVIDED)
Dworkin’s Communalist Theory within the Objectivist Framework
Objectivist theories of adjudication maintain that judges do not simply decide cases according
to their personal preferences; rather, their decisions are shaped by certain objective
constraints. One key example of this perspective is Ronald Dworkin’s communalist theory,
which recognizes the significance of a community of interpreters—namely, other judges and
the broader legal tradition—on judicial decision-making.
Dworkin begins by distinguishing between easy cases and hard cases. In easy cases, there is
usually a clear, applicable rule contained in legislation or a well-established precedent, and the
judge merely applies that rule to the facts.
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
