The Judgeship of All Citizens: Dworkin’s Protestantism About Law

Abstract

This article gives an account of what Ronald Dworkin calls ‘the protestant attitude’ towards law. Dworkin’s protestantist claim that the interpretive attitude towards law is to be taken not only by judges, but also by ordinary citizens is explained and defended. The account of Dworkin’s protestantism about law in this article is not based on his more general protestantist view about the interpretation of social practices, but, rather, on the nature of authoritative statements of the law in Dworkin’s theory of law as integrity. Protestantism is thus shown to be an integral part of the theory of law as integrity. It is also argued in this article that protestantism about law can accommodate the idea that legal deliberation is an authoritative and public process while leaving room for a significant role for citizens in the development of law. Indeed, any plausible theory of law should incorporate protestantism.