1. Disenchantment of the Law
Formal legal rationality was seen by Weber as the peak of the process of disenchantment as it was viewed as a symbol of detachment from substantive value judgment. It finds its basis in general rules as opposed to being based on ad hoc assessments. ... Dworkin expects judges to exercise god-like powers as opposed to their human and finite imaginations (Antaki, 2012: 8). ... This is why Dworkin likens law to literature and encourages one to view it as such. ... Progressive thinkers view the law as a tool that can be used to improve certain aspects of the world (Antaki, 2012: 9). ...
- Word Count: 2633
- Approx Pages: 11
- Grade Level: Undergraduate