RIGHTS ARE TRUMPS

Rights Are Trumps

Rights Are Trumps

Introduction

The main purpose of this paper is to make an analysis on the statement that “Rights are best understood as trumps over some background justification for political decisions that state a goal for the community as a whole”. Every person in the community has conflicting rights. These rights can be either the religious cultural or ethical rights. Therefore, it is very necessary for the political parties while making the decision making, keeps in view the different rights of the community (Dworkin, 1985, p. 293). The political parties make rights a proper justification for the making the decisions. Therefore, the paper makes justification on the statement that rights is trump for political decisions.

Discussion

Ronald Dworkin in his writings has mentioned that rights are the trumps. He said that rights are the norms to maintain the unique force. Rights are the reasons that provide the basis for doing something. These are the basis that enables a person to take some decisions or set the goals. He argues that rights are the trumps that help in creating values and high priorities (Dworkin, 1996, p. 130). Dworkin develops a theory of legal principles and guidelines, to which the law considers inseparable and are applicable to the solution of difficult cases that can not be solved by previously established legal norms. This is evidence of the lack of certainty of law in certain circumstances and, from this position undoes the judiciary positivist model since believes that this model does not work in situations where the system does not plan a solution (Dworkin, 1993, p. 87).

For the latter purpose, Dworkin aims to improve judicial reasoning, interpreting the law in a complete and thorough, looking for reasons and considerations that may be relevant to the justification of a law. Thus, the mysterious laws can be discovered. In that vein, Dworkin took the advice taking hermeneutic existing system (of law) as a reference. If they get proper interpretation in each case, the rights can be derived from existing law. In contrast to the legal opinion received, Dworkin argues that the legal order is understood as an organic whole, not merely states that have the power to decide in difficult cases unforeseen by their high standards (Dworkin, 1984, p. 34). This should be made to the history of law and legal thinking, analyzing the reasons that served as the basis and justification for other decisions in the past.

Dworking in his theory claims that rights are the trumps for the decision making. He says that if any conflict occurs in any matter, then the decision makers should take the rights into considerations. According to Dworkin, the rights are the main basis used by the judiciaries or the political decision makers. He argues that, for any community, their rights matter a lot. Therefore, it is very necessary for communities to keep in balance their rights. He argues that rights positioning should be outside the reach and power of the ...