Law & Society Blog

[Jurisprudence] Following up on Bloomfield’s post, it appears to me that juries have another significant merit or flaw, depending on one’s point of view, that often remains underappreciated: they legitimize verdicts by deligitimizing dissent. Every legal rule can be questioned, and in order to establish its validity, a higher rule must be invoked. The continuation […]

Nico Artzi posted a comment on my efforts to explain Dworkin’s chain-novel idea in a democratic system. The hole in the common-law democratic legitimacy, which I think Dworkin is trying to fill, may not be a hole at all, according to Artzi. There is the jury:
The common law is developed not only through the decisions […]