Dworkin, Coleman and Secondary Rules

Paper Summary:

This paper discusses Dworkin's argument that secondary rules cannot be social rules, because they are not applied uniformly. He believes that they must be normative rules which have an underlying morality as their basis. It also looks at hoe Coleman argues that they are social rules and that the conventions of the U.S. legal system give judges the right to fine-tune laws to meet the convergent beliefs of society.

From the Paper:

"In the U S Ronald Dworkin and Jules Coleman over the course of thirty years engaged in a debate about the source of the power of secondary rules. Dworkin argues that these cannot be social rules which exist because....."

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