What is a policy choice to Dworkinians?
Monday, June 1, 2009 at 11:13PM
Sean Wilson in Legal Theory, Ronald Dworkin, e-mail discussion

(sent to law courts)
... sorry. My last post. (I've posted too much). Last thought:

If judging is like being a good art critic, when does the art critic "violate what he or she does?" The answer quite clearly is found in Wittgenstein's remarks about aesthetics. The art CRITIC is bad whenever her or she criticizes without knowing the learned rules that constitute the activity of the art as understood by those who know it best (has to be a little elitist, because it is "art").

There is no difference between when we say that the literary professor is poor than when we say the judge is. No difference whatsoever.  In fact, let's take that further. Bad judges and bad professors are the same thing. (So are bad officials, but probably for trial court judges).

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