382 july12 4

pmailOne of you asked whether St. Thomas, despite opposing sexual activity not culminating in intercourse (perversion), would still object if it were “foreplay”. Frankly, I don’t know. A bachelor who resisted temptation to sexual sin, he may not have given it much thought. Maybe foreplay wouldn’t be under ban by the natural law, but it would be a “pecadillo” because of its close connection to perversion. If he were on TV, Dr. Tom might recommend intercourse without foreplay, just to be on the safe side.

pmailA student writes: Dworkin makes note that he believes that the aspirational concept of law should strive towards coherent principles that extend to all of society’s members equally (13). This statement seems to imply that Dworkin shares much in common with natural law theorists, as he seems to believe in one form of "political integrity". If he believes that there is a best political structure, then it is likely his approach is not truly bottom-up.

DrC replies: You have a term-paper topic here. In class, I’ll make a suggestion.

pmailA student asks: Is Hercules being used as a fictional character to show the perfectly just person who would always choose the 'right' in a difficult legal case? Or is Hercules meant to represent the ultimate goal that Dworkin wishes people in the realm of law to achieve by following his steps?

DrC replies. I think you have a term paper topic that would take you to Taking Rights Seriously (see the index under ‘Hercules’.) Also I’ll make a suggestion in class.

pmail

A student asks: In the adjudication stage of Dworkin’s interpretivism, is it possible for two identical cases too be interpreted in different ways, by different judges? And still be said to be doing justice to the legal process?

DrC replies: You’ve found a term-paper topic. See Dworkin’s discussion of judicial discretion in TRS and Hart in CL. Also I’ll make a suggestion in class.

pmail

A student writes: Throughout chapter 1 Dworkin discusses the views of Fish and Rorty concerning his own writing, I found this mostly to be criticism without comparing or illustrating where his own work differs or stands otherwise.

DrC replies: This is a fair comment. You may have found a term-paper topic, which would clarify this difference. I will make a suggestion in class.