Tag: Dworkin
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When Outcomes Tempt the Law: A Jurisprudential Reading of Justice in The Juror
[By Rohit Rohilla, Faculty and Mentor, LiveLaw Academy] In the 1996 thriller The Juror, one of the most intellectually arresting moments does not occur in the courtroom but inside the jury deliberation room. The scene is deceptively simple: a group of ordinary citizens must decide the fate of a man accused of a violent crime.…
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Allocative Silence: Threshold-Normativity and the Collapse of Whittington’s Distinction
[By Devansh Shrivastava, Fourth Year B.A. LL.B. (Hons.) student at NLSIU, Bengaluru] The central anxiety of constitutional theory is the “counter-majoritarian difficulty”. In a democracy, the legitimacy of unelected judges striking down laws enacted by elected representatives is perpetually suspect. The aim then is to ensure that judges function as faithful agents of the text…