Complete short answer responses to all of the following questions:
Quiz2
(1) Dworkin says that judges should decide new cases like a chain novelist. How is a judge like
a chain novelist, according to Dworkin?
(2) Scalia defends a textualist approach to interpreting the law. What’s Scalia’s textualist case in
favor of thinking that the death penalty is not unconstitutional? How Il)i.ght someone, on
textualist grounds, argue that the _death penalty is unconstitutional?
(3) Dershowitz argues that if collateral killings are sometimes permissible, then we should think
that torture is sometimes permissible, -and that if prison is sometimes permissible, then we
shoult think that torture is sometimes permissible. _How could someone defend the
permissibility of collateral killirtgs and prison, in a way that doesn’t commit them to thinking
that torture is sometimes permissible?
( 4) Dershowitz argues that torture warrants balance the values of safety and security, democracy,
and human rights best What’s the strongest case that can be made for thinking that it’d be
illegal for the US to do what Dershowitz is proposing? How could someone respond on his
behalf?
( 5) Some people think that we have a prima facie duty to obey the law because we implicitly
consent to obey when we participate in the political process .. Give two ofSmith’s reasons for
rejecting this argument