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His theory of law as integrity as presented in his book Law's Empire, in which judges interpret the law in terms of consistent moral principles, especially justice and fairness, is among the most influential contemporary theories about the nature of law. Dworkin advocated a "moral reading" of the United States Constitution, [7] and an ...
Taking Rights Seriously is a 1977 book about the philosophy of law by the philosopher Ronald Dworkin.In the book, Dworkin argues against the dominant philosophy of Anglo-American legal positivism as presented by H. L. A. Hart in The Concept of Law (1961) and utilitarianism by proposing that rights of the individual against the state exist outside of the written law and function as "trumps ...
The Hart–Dworkin debate is a debate in legal philosophy between H. L. A. Hart and Ronald Dworkin. At the heart of the debate lies a Dworkinian critique of Hartian legal positivism, specifically, the theory presented in Hart's book The Concept of Law. While Hart insists that judges are within bounds to legislate on the basis of rules of law ...
Dworkin informs his readers that the concept of law is the theory of what forms the ground of law. The "concept of law" was used by H.L.A. Hart as the title for an approach to law strongly oriented to Anglo-American reading of positive law to which Dworkin would find insufficient for dealing with issues of jurisprudence encountered throughout ...
Dworkin opposed LEAF's position, arguing that feminists should not support or attempt to reform criminal obscenity law. [106] In 1993, copies of Dworkin's book Pornography were held for inspection by Canada Customs agents, [107] fostering an urban legend that
In philosophy of law, law as integrity is a theory of law put forward by Ronald Dworkin. In general, it can be described as interpreting the law according to a community . [ 1 ]
This is the opposite of the main claim of natural law theory. In the English-speaking world, interpretivism is usually identified with Ronald Dworkin's thesis on the nature of law as discussed in his text titled Law's Empire, which is sometimes seen as a third way between natural law and legal positivism.
Gerald Dworkin (born 1937) is a professor of moral, political and legal philosophy. He is Distinguished Professor of Philosophy Emeritus at the University of California, Davis . In 2016–17, he was Brady Distinguished Visiting Professor of Ethics and Civic Life at Northwestern University.