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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 ...
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 ...
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.
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 ...
First, Dworkin rejects the need to distinguish between "legal" rules and a more complete political philosophy, since the rule of law is basically the theory of law and adjudication that he believes is correct. Secondly, the rule of law is not simply the thin or formal rule of law; the latter forms part of Dworkin's theory of law and adjudication.
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 most prominent proponent is Ronald Dworkin, who advances the view in Law's Empire and Freedom's Law: The Moral Reading of the American Constitution. Alternatively, it can be taken to mean a constitution that defines the fundamental political principles and establishes the power and duties of each government, and does so while being ...
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 ]