Ethical pluralism as a lesson in humility for lawyers
| Autor | Beata Polanowska-Sygulska |
| Ocupação do Autor | Department of Legal Theory, Jagiellonian University, Krakow, Poland |
| Páginas | 2732-2737 |
Ethical pluralism as a lesson
in humility for lawyers1
Beata Polanowska-Sygulska2
Abstract: The paper aims at making an interpretation of the two strikingly dif-
ferent positions in contemporary jurisprudence, represented by Joseph Raz and
Ronald Dworkin. It is stated that Raz’s and Dworkin’s positions in jurispru-
dence constitute an epitome of the maxim: While the 20th century was the age of
parliaments, the 21st century is the age of the judicature. A claim is put forward
that it is the two philosophers’ divergent perspectives in ethics that are respon-
sible for the mentioned gap. Thus, a theory-laden statement is made that the
standpoint in moral philosophy bears heavily on the position in political and
legal philosophy.
The consequences of the two philosophers’ disparate ethical perspec-
tives for the application of the law are examined. Characteristic of Raz’s value
pluralism, social dependence thesis, in particular his deep insight into the so-
called dense human relationships that require habituation, is juxtaposed with
thefamous Dworkinianone rightanswer thesisstemming fromthe laers
ethical monism. A conclusion is drawn that the value-pluralist position in eth-
ics, initiated independently by Isaiah Berlin and Joseph Raz and continued by
John Gray, has a relevant lesson in humility for lawyers.
Keywords: value-pluralism, ethical monism, ‘one right answer’ thesis
The starting point of this article is a thesis of a profound con-
nection between the three levels of practical philosophy – legal, polit-
ical and moral. Such an approach is characteristic of the Anglo-Saxon
jurisprudence whose inuence seems to dominate nowadays general
reection on law The intellectual path of Joseph Raz the disciple of
H.L.A. Hart and his successor to the Professorship of Jurisprudence at
1
Article written as part of a research project no. N N116 627839, nanced by the Polish
governernment.
2
Department of Legal eory, Jagiellonian University, Krakow, Poland.
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