• “Integrity Is a More Dynamic and Radical Standard Than It First Seemed, Because It Encourages a Judge to Be Wide-Ranging and Imaginative in His Search for Coherence with Fundamental Principle.”
    than it first seemed, because it encourages a judge to be wide-ranging and imaginative in his search for coherence with fundamental principle.” Ronald Dworkin was an influential legal philosopher, known for his contribution to legal philosophy as well as political philosophy. His theory of ‘Law as Integrity’...
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  • The Debate over Roe V. Wade
    The Debate Over Roe v. Wade Many critics of the Roe v Wade resolution dispute that the Supreme Court's decision was mistaken because, as said by Robert Bork, "the right to abort, whatever one thinks of it, is not to be found in the Constitution". Consequently, they say...
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  • Roe vs Wade
    people on both sides will argue, a woman must be able to have an abortion if the pregnancy may cause her physical harm or death. As former president Ronald Reagan, a very strong pro-life supporter, wrote in a 1979 letter to worried voters “An abortion is the taking of a human life and that can only be...
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  • Democracy, Equaliy & Justice
    moral philosophers declare that each ones interest ought to be equally considered. This principle will be referred to as the Principle of Equality (Dworkin 1977: 179-83, Kymlicka 1990: 12). Thomas Christiano has in various articles and in his brilliant book The Rule of the Many (Westview Press 1996)...
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  • Miss
    principles of the common law. It is more usual today to admit that the courts create law, although there are jurisprudential scholars such as Ronald Dworkin who made the argument more complex, by stating that judges evolve the law out from existing principles and constructive interpretation. Obviously...
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  • Unjust Laws and Civil Disobedience
    then they are not fully bound by its laws. Objection: What if everybody did it? Civil disobedience fails Kant's universalizability test. Most critics prefer to press this objection as a slippery slope argument; the objection then has descriptive and normative versions. In the descriptive version...
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  • Saw Rtry T Hrgh
    analyzed as an expression of the policy goals of the dominant social group.[4] Also of note is the work of the contemporary Philosopher of Law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist...
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  • Common Law
    basic rights. When these rights are violated, therefore, outcomes theorists believe the results of democratic procedures should be overturned. Ronald Dworkin (1996) argues that good outcomes are rightly regarded as democratic if they respect the equal status of citizens as well as their autonomy. To...
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  • The Methodology Problem in Jurisprudence
    three decades now, much of the Anglo-American legal philosophy curriculum has been organized around something called "the Hart/Dworkin debate," a debate whose starting point is Ronald Dworkin's 1967 critique of the seminal work of Anglophone jurisprudence in the twentieth-century, H.L.A. Hart's 1961 book...
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  • Distributive Justice
    common version, statism, understands interaction as a kind of political interaction and thus takes justice to be limited to fellow citizens (see, e.g., Dworkin, 1981, 1987). A different version understands interaction quite broadly (e.g., social, economic, or political). In a world of increasing interaction...
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  • Jurisprudence in Gist
    Thomas Erskine Holland and Hans Kelsen and was regarded as the prominent exponent. Contemporary jurists to this approach were Herbert Hart, Ronald Dworkin, John Rawls and Nozick Herbert Lionel Adolphus Hart description of a legal system in terms of a union of primary and secondary rule provides...
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  • Critically Assess the Contention That Affirmative Action Is Necessary to Achieve the Ideal of Equal Opportunity
    2
However
no
matter
who
the
beneficiaries
or
the
victims
are,
preference
 on
the
basis
of
race
is
morally
wrong
and
violates
the
principle
of
human
 equality.3
Critics
of
the
compensatory
argument
usually
point
out
that
those
that
 benefit
are
not
the
ones
that
suffered
and
those
that
pay
the
compensation
are
 seldom
responsible
for
the
wrongs
being
rectified...
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  • Superior Philosopher
    that I find to be most superior is Ronald Dworkin. I believe that Ronald Dworkin is superior to other philosophers in this course for the following reasons: 1. From very early on in his life Ronald Dworkin knew that his passion was philosophy. Ronald Dworkin studied for the AB at Harvard College...
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  • Distributive Justice
    advantaged group, may need to be reduced in order for the first principle to be implemented. However, while this provides a partial reply to Rawls' critics, it does not seem to recognize that it is not just differential political power that can come from significant differences in economic position but...
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  • Jurisprudence 101
    traditions of the people. According to formalists, law is a science which is derived from artificial reasoning and logic. According to Professor Ronald Dworkin, law is best explained as a rational and cohesive system of principles that judges must apply with integrity to produce a right answer. Realists...
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  • Distributive Justice
    circumstances upon themselves and hence, should not be disadvantaged in their life prospects. The most prominent Resource-based theory, developed by Ronald Dworkin, (Dworkin 1981a, 1981b), proposes that people begin with equal resources but end up with unequal economic benefits as a result of their own choices...
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  • Philosophy Liberty and Moralism
    qualities this right should embrace. Philosophers Ronald Dworkin and John Stuart Mill have both presented personal thoughts on the rationalization of liberty of expression, and why it is imperative that we as a society defend this right. Ronald Dworkin and John Stuart Mill both present similar ideas when...
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  • “What Are the Major Strengths and Weakness of Dworkin’s Theory of Law as Compared to a Positivist or Natural Law Perspective?” Discuss.
    20th century, Ronald Dworkin’s dealings with law’s interpretation and integrity has lead to inevitable contradictions with that of positivist ideology, with his work essentially revitalising a method of thinking that had long been considered dead and buried. Perhaps most notoriously, Dworkin combated the...
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  • Social Engineering Theory of Roscoe Pound
    Closure A Sociological Understanding of Natural Law and Common Law Theory: Constructing the Conditions for Legal Positivism Law’s Justice: Beyond Dworkin Law’s Closure: Beyond Kelsen Law’s Politics: Criticising Critical Legal Studies Law as Sociological Object vii 1 19 49 91 127 163 211 231 243 ...
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  • Jurisprudence
    theory – the existence of a divine being from whom man derives these natural principles – without providing an alternative. General criticisms Critics have disputed the very foundation of natural law – that we learn moral truths from nature or some divine being. Margaret McDonald, for example, argues...
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