Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism
June 2, 2014
I. Introduction: The Intentionalist Position* Richard Posner, noted that: “[A Judge], should try to think his way as best he can into the minds of the enacting legislators and imagine how they would have wanted the statute applied to the case at bar.”[1]This position advocates that a Judge must interpret statutes bearing in mind the… More Criticising the Use of Original Intent in Judicial Decision Making: An Application of Dworkin and American Legal Realism