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Ronald Dworkin's Theory of Equality: Domestic and Global Perspectives. New York: Palgrave Macmillan, 2009. Benjamin Brown, From Principles to Rules and from Musar to Halakhah – The Hafetz Hayim's Rulings on Libel and Gossip; Burke, John J.A. The Political Foundation of Law: The Need for Theory with Practical Value. San Francisco: Austin ...
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 ...
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 ...
Dworkin rejects pragmatism here as insufficient to the adjudication requirements and legislative principles that he sees as prevailing at the end of the twentieth century. Dworkin begins to stress that contemporary jurisprudence in his view needs to hold in high esteem the values of justice as integrity, fairness, and due process.
Conventionalism is the philosophical attitude that fundamental principles of a certain kind are grounded on (explicit or implicit) agreements in society, rather than on external reality. Unspoken rules play a key role in the philosophy's structure.
The law imposes funding requirements for companies, rules for employee eligibility, and fiduciary standards requiring employer plan sponsors to act solely in the interest of participants. It does ...
General rules of interpretation ... Modern jurisprudence began in the 18th century and was based on the first principles of ... Dworkin argued that law is an ...
A Food Safety Expert Breaks It Down Amid New FDA Rules. Korin Miller. January 23, 2025 at 3:52 PM. This Berry Is Most Likely To Carry Illnesses Stefan Tomic - Getty Images.