  As to [2]: A natural law theory, mindful of the normal desirability of a rule of law and not of judges (see 1.3), may well be more cautious than Dworkin himself is in departing from the settled (social-fact source-based) law.  On those occasions where such a departure is morally warranted, the theory will suggest that the judge is authorized to proceed according to the higher and perennial law of humanity, the ius gentium or set of universal principles of law and justice common to all civilized peoples, which deprives settled law—more precisely, what has been accepted in the jurisdiction as being settled law—of its directiveness for subjects and judges alike. Is this moral authorization also ‘legal’ and “according to law”?  Is the settled law which the judge is morally authorized to set aside thereby being treated, even prior to the judge’s handing down of judgment, as not law?  The following section argues that that question should be answered both Yes and No.