The Many Faces of Political Integrity

Abstract

In Law's Empire, Dworkin motivates the distinct political ideal of integrity by way of a discussion of 'checkerboard solutions' - statutes that treat people differently in a way that is unjust. For example, a 'checkerboard' abortion statute that prohibits only abortions by women born in oddnumbered years creates a puzzle. If people disagree about the permissibility of abortion, fairness would seem to support such arbitrary allocation of rights. Furthermore, justice would seem to be served by the above statute insofar as the statute limits injustice. Yet, Dworkin argues, most of us would be dismayed by checkerboard statutes such as this. Since the political ideals of justice and fairness seem..