Dworkin calls us to consider the actual operation of 4 cases, in particular, Riggs v Palmer. A theory of law is for Dworkin a theory of how cases ought to be decided and it begins, not with an account of the political organization of a legal system, but with an abstract ideal regulating the conditions under which governments may use coercive force over their subjects.
The second is that natural endowments of intelligence and talent are morally arbitrary and ought not to affect the distribution of resources in society. Dworkin argues that in hard cases judges make use of standards that do not function as rules but operates as principles. But the question is: How does a judge decides a case?
The key difference with respect to the former is that Rawls' veil of ignorance translates almost seamlessly from the purely ideal to the practical. It is known that very few of the legislators had that question in mind when they voted, and that they are now equally divided on the question of whether it should be so interpreted.
Hercules, Dworkin argues, would always come to the one right answer.
Ronald Dworkin Introduction The judiciary plays an important role in all legal system. There is no law beyond the law.
Despite their intellectual disagreements, Hart and Dworkin "remained on good terms. Such cases indicate that judges do decide on policies while determining the rights of the individual. Hohfeld Chair of Jurisprudence.