Author: Marshall Cohen
Publisher: Rowman & Littlefield Pub Incorporated
ISBN: 9780847673247
Category : Law
Languages : en
Pages : 316

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Author: Stephen Guest
Publisher: Stanford University Press
ISBN: 0804784000
Category : Law
Languages : en
Pages : 311

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Ronald Dworkin is widely accepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offering the most complete analysis and integration of Dworkin's work to date. This third edition offers a substantial revision of earlier texts and, most importantly, incorporates discussion of Dworkin's recent masterwork Justice for Hedgehogs. Accessibly written for a wide readership, this book captures the complexity and depth of thought of Ronald Dworkin. Displaying a long-standing commitment to Dworkin's work, Stephen Guest clearly highlights the scholar's key theories to illustrate a guiding principle over the course of Dworkin's work: that there are right answers to questions of moral value. In assessing this principle, Guest also expands his analysis of contemporary critiques of Dworkin. The third edition includes an updated and complete bibliography of Dworkin's work.

Author: Arthur Ripstein
Publisher: Cambridge University Press
ISBN: 0521664128
Category : Biography & Autobiography
Languages : en
Pages : 147

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Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 9780674021679
Category : Law
Languages : en
Pages : 328

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How should a judge’s moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from “nothing” to “everything.”In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions—semantic, jurisprudential, and doctrinal—in which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz.Dworkin’s new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.

Author: Ronald Dworkin
Publisher: OUP Oxford
ISBN: 0198265573
Category : Law
Languages : en
Pages : 438

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Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Author: Stephen Guest
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 344

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This is a lucid and comprehensive introduction to, and critical assessment of, Ronald Dworkin's seminal contributions to legal and political philosophy. His theories have a complexity, originality, and moral power that have excited a wide range of academic and political thinkers, and even those who disagree with him acknowledge that his ideas must be confronted and given serious consideration. His enormous output of books and papers and his formidable profusion of lectures and seminars throughout the world, in addition to his teaching duties at Oxford and New York University, have made him a giant figure in contemporary thought. In short, Dworkin's theory of law is that the nature of legal argument lies in the best moral interpretation of existing social practices. His theory of justice is that all political judgments ought to rest ultimately upon the injunction that people are equal as human beings, irrespective of the circumstances in which they are born. Dworkin does not fit into an orthodox category. His theory of law is radical in that it sees legal argument primarily about rights yet conservative in seeing it as constrained by history. He is libertarian both in valuing ambition and in asserting a right to pornography, yet socialist in believing that no person has a right to a greater share of resources than anyone else. In particular, he advocates a system that would tax people on the resources they accumulate solely through their talent alone. Because Dworkin writes for a number of audiences--sometimes the general public, sometimes academic lawyers, sometimes philosophers and economists--it is often difficult to identify the different strands of his thought. The book aims to makehis theories clear and accessible and to give an overall picture of his thinking that is sympathetic yet rigorously argued. This is the sixth book in the series Jurists: Profiles in Legal Theory.

Author: Alan Hunt
Publisher: Berg Publishers
ISBN:
Category : Law
Languages : en
Pages : 314

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This volume offers a critical interrogation of the widely influential legal and political philosophy of Ronald Dworkin. As the central figure in contemporary Anglo-American legal theory, he has been involved in various debates, in the past mainly with critics on the right, who took issue with his "radical liberalism". In contrast, the authors of this text challenge Dworkin's radical credentials not only with regard to his general political philosophy, but also with reference to his legal theory, his interpretive method and his view of judging. This volume offers a critical interrogation of the widely influential legal and political philosophy of Ronald Dworkin. As the central figure in contemporary Anglo-American legal theory, he has been involved in various debates, in the past mainly with critics on the right, who took issue with his "radical liberalism". In contrast, the authors of this text challenge Dworkin's radical credentials not only with regard to his general political philosophy, but also with reference to his legal theory, his interpretive method and his view of judging.

Author: Ronald Dworkin
Publisher: A&C Black
ISBN: 1780938330
Category : Philosophy
Languages : en
Pages : 457

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Book Description
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0199687005
Category : Law
Languages : en
Pages : 169

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Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.

Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674027272
Category : Law
Languages : en
Pages : 319

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Book Description
How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.