The Importance of Doctrine in Judicial Argumentation: The Interpretive Model of Ronald Dworkin

Abstract

The author intends to emphasize the importance of doctrine in legal argumentation, by analyzing and criticizing the different doctrinal models of legal decision-making, as well as its relationship with democracy, division of powers and the problem of the (in)determinacy of law. Especial attention will be given to the models of judge Herbert a la H.L.A. Hart, which can be characterized as active, creative and inventive, but –at the end– incompatible with democracy and division of powers; and, judge Hercules a la Ronald Dworkin, which can be characterized as active, creative and interpretive, but –on the conversely– incompatible with democracy and division of powers.