法律理论博客

Justice in Robes
By Ronald Dworkin
(Harvard University Press, 308 pp., $35)

During their recent confirmation hearings, John Roberts and Samuel Alito insisted on the importance of “following the law,” and of distinguishing between a judge’s personal moral commitments and his views about the Constitution. In drawing this distinction, both nominees recapitulated a discussion in the presidential debates of 2004, when the candidates were asked what kind of person they would appoint to the Supreme Court. President Bush replied, “I would pick somebody who would not allow their personal opinion to get in the way of the law. I would pick somebody who would strictly interpret the Constitution of the United States.” Senator Kerry agreed. He said, “I don’t believe we need a good conservative judge, and I don’t believe we need a good liberal judge.… I want to make sure we have judges who interpret the Constitution of the United States according to the law.” 阅读全文…