 (1) Instrumental Constraint: The naturalist assesses normative advice relative to its actual effectiveness for realizing relevant goals. What, then, is the relevant goal in adjudication? One candidate is surely this: we want to give judges normative advice that will lead them to reach fair or just outcomes. Thus, the naturalist’s question becomes: which piece of normative advice is most effective in really helping actual judges realize justice and fairness? It is, at least, an open question whether Dworkin’s methodology will be effective in leading judges to do fair things. The fact that his normative theory has had almost no impact whatsoever on American judicial practice over the last forty years is at least defeasible evidence that it does not appear to be an effective methodology (let alone one effective for realizing justice!) (Leiter 1998, p. 102). This latter point is related to the naturalist’s second, and more important, objection.