Dworkin's Theory in "Dred Scott v. Sandford" Analytical Essay by Top Papers

Dworkin's Theory in "Dred Scott v. Sandford"
An application of Dworkin's theory of the intentions of the legislator to Judge Taney's decision in "Dred Scott v. Sandford".
# 135150 | 1,750 words | 7 sources | MLA | 2007 | US
Published on Dec 01, 2007 in Law (Historic Trials)


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Description:

The paper looks at the competing lens - one literal and acontextual, the other non-literal and contextual - through which jurists look at the laws created by legislators. Using Dworkin's definition of each, time is devoted to looking at how the Taney court used a conflation of both the literal and non-literal conceptual lens to justify an interpretation of the Constitution that denied African-Americans of much-needed protections. The paper also examines another case, "Brown v. Board of Education", in which a non-literal and contextual approach was undertaken by critics of the Supreme Court ruling. The paper demonstrates how Dworkin shows us that jurists and lawyers often have profoundly different conceptions of what the law is - and should be - and this, in the end, colours their approach to finding out what the legislators of any piece of legislation were trying to say.

From the Paper:

"The following paper will look at Dworkin's theory of the intentions of legislators and how it should be applied to Roger B. Taney's decision in "Dred Scott v. Sandford". Specifically, the paper looks at the competing lens - one literal and acontextual, the other non-literal and contextual - through which jurists look at the laws created by legislators. Using Dworkin's definition of each, time will be devoted to looking at how the Taney court used a conflation of both literal and non-literal conceptual lens to justify an interpretation of the Constitution that denied..."

Cite this Analytical Essay:

APA Format

Dworkin's Theory in "Dred Scott v. Sandford" (2007, December 01) Retrieved February 05, 2023, from https://www.academon.com/analytical-essay/dworkin-theory-in-dred-scott-v-sandford-135150/

MLA Format

"Dworkin's Theory in "Dred Scott v. Sandford"" 01 December 2007. Web. 05 February. 2023. <https://www.academon.com/analytical-essay/dworkin-theory-in-dred-scott-v-sandford-135150/>

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