Dworkin and Judicial Discretion - Essay Example

In the Riggs versus Palmer case, a New York court had a difficult time coming to a decision that regarded a grandson who had brutally killed his grandfather and an inheritance claim (Sara 69). The court ruled that he could not accede to the property as stated in the will of the grandfather. This was a contrasting decision as they are no written statutes that support the ruling made by the judge.

Rather, they decided to employ moral reasoning and felt that one is not supposed to benefit from their own mistakes and wrongdoings. In the context of Dworkin, this was an unfair and biased decision and he continues to add that the court does not possess any form of discretion and this makes it even more complex (Sara 57). The will clearly be stated that the grandson was the sole beneficiary to all the property in the possession of the grandfather at the time of his demise although the grandson put him to death.

Dworkin believes that it would make sense to allow him access to the property, but also make him pay the price for the greed that led to the death of the grandfather and imprison him for such a long time that he does not get the pleasure to enjoy the good life.