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Arguments of Virtue and Constitutional Criminal Procedure
- University of Toronto Law Journal
- University of Toronto Press
- Volume 58, Number 3, Summer 2008
- pp. 355-376
- 10.1353/tlj.0.0008
- Review
- Additional Information
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Though Ronald Dworkin has directed his most recent book, Is Democracy Possible Here?, at a lay audience, its accessibility gives academics an opportunity to consider his more philosophically rigorous works with fresh eyes. In particular, it gives us a chance to re-evaluate Dworkin's distinction between principles and policies and to reconsider the place of arguments of virtue in his theory of constitutional interpretation. Furthermore, we are better able to understand various cases and doctrines in constitutional criminal procedure when we acknowledge the role of arguments of virtue in legal debates.