A Critique of Ronald Dworkin

Lately I have often praised the work of Ronald Dworkin, writer of Justice for Hedgehogs, a book I have recently been reading. Indeed, Dworkin’s views on scepticism, interpretation, and the independence of value from metaphysics are all very persuasive, and I have adopted partially or completely several of his positions on those topics, as regular readers may have observed in recent posts. However, at around the halfway point in Hedgehogs, I have come upon a position of Dworkin’s I cannot accept which I believe undermines much of the rest of his philosophy.

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Police Prejudice

I ran across an interesting old Supreme Court decision today from the mid-2000’s. It was a 7-2 decision and if I remember it didn’t get much play at the time in the press–though that was eight years ago, and I may just be forgetful. The court ruled that the police do not have a legal duty to protect any given citizen. The decision justifies a whole slew of first principle injustices–it was wrong, and we are worse off for it. Here’s how.

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Are People Equal?

Since Thomas Jefferson wrote that “all men are created equal”, we’ve pretty much taken equality as a given. The last couple hundred years of history could be viewed as one prolonged struggle for equality, whether taken from the perspective of colonists, racial, ethnic, or religious minorities, the working classes, women, and so on down the line. But how equal are we, really? And what, precisely, are we equal in? Too often we ignore these questions and resort to Jeffersonian platitudes. Not today.

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The IRS Tea Party Muddle

If you just read the news headlines today, you’d think that the IRS was the second coming of COINTELPRO. The IRS is targeting the Tea Party and other conservative, right-wing political organisations, they say. For the average citizens, this reads as though your average citizen’s political views were somehow known to the IRS, as if the IRS was going after registered republicans or members of right wing political groups individually. This is not the case. As Ezra Klein (who is really on his game lately, by the way) points out, what actually happened is quite a bit more mundane than all that.

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