• “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.”
    “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.” Ronald Dworkin was an influential legal philosopher, known for his contribution to legal philosophy as...
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  • The Debate over Roe V. Wade
    say the court did not translate the Constitution at all in making their influential mark on the citizens of the United States. Ronald Dworkin, on the other hand holds a different perspective of this situation. He tends to believe that although the technical terminology of abortion...
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  • Roe vs Wade
    because, as said by Robert Bork, "the right to abort, whatever one thinks of it, is not to be found in the Constitution".  Therefore, they say the court did not translate the Constitution at all in making their influential mark on the citizens of the United States.  Ronald Dworkin, on the other hand...
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  • Democracy, Equaliy & Justice
    . In chapter three I will inquire into the debate concerning what we ought to distribute equally if we accept the Principle of Equality: Ronald Dworkin suggests that we ought to refute well-being as an appropriate equalisandum. If his conception of well-being is adequate, his powerful arguments...
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  • Miss
    law and refuse to apply it on the ground that it is incompatible with the constitution or the fundamental 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...
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  • Saw Rtry T Hrgh
    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 theories of general jurisprudence.[5] The English...
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  • Common Law
    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 extrapolate, on the ‘pure outcomes’ view, the Court’s decision in Lawrence is potentially...
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  • Unjust Laws and Civil Disobedience
    latter. In the case of an iniquitous law, the harm of disobedience can be the lesser evil. This utilitarian reply is sometimes found to coexist with a complementary deontological reply, for example in Thoreau: one simply must not lend one's weight to an unjust cause. Ronald Dworkin replies, in...
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  • Distributive Justice
    : Autonomy and the Basic Needs", Social Philosophy and Policy, Volume 9 (1992): 231-261. Dworkin, R.: “What is Equality? Part 1: Equality of Welfare”, Philosophy and Public Affairs 10 (1981a): 185-245. Reprinted with minor changes in Ronald Dworkin, Sovereign Virtue (Cambridge, MA: Harvard University...
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  • The Methodology Problem in Jurisprudence
    THE METHODOLOGY PROBLEM IN JURISPRUDENCE For 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...
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  • Jurisprudence in Gist
    obey to anyone”. Austin approach was adopted by 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...
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  • Superior Philosopher
    Throughout this course I have learned of many philosophical thinkers and many philosophical theories. The one 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...
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  • Philosophy Liberty and Moralism
    and what 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...
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  • Critically Assess the Contention That Affirmative Action Is Necessary to Achieve the Ideal of Equal Opportunity
    
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  • Distributive Justice
    challenge in different directions. Ronald Dworkin, (Dworkin 1981a, 1981b, 2000) provided one of the most detailed early responses to Rawls' challenge. In retrospect, Dworkin's theory is often identified as one of the earliest in the luck egalitarian literature, though Dworkin himself called his theory...
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  • Jurisprudence 101
    down a particular written law if it infringes fundamental principles as they have been understood by the 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...
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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.
    Theory of Law’ (2003) 23 Oxford Journal of Legal Studies 345. [ 10 ]. Ibid. [ 11 ]. Jason Leoung, Legal Jurisprudence, (2008) Jason-Online, . [ 12 ]. Ronald Dworkin, ‘The Model of Rules’ (1967) 35 The University of Chicago Law Review 14, 25. [ 13 ]. Ibid. [ 14 ]. Ronald Dworkin, ‘The Model of Rules...
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  • Jurisprudence
    the role of ‘principles’ within this process. Introduction (Rights Thesis/ Theory of Adjudication) Ronald Dworkin, just as Hart’s theory starts with a critique of Austin. Dworkin’s rights-based theory has two linked elements. First, he puts forward a declaratory theory of the judicial...
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  • Distributive Justice
    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. What constitutes a just material...
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  • Expectations
    In this essay, I will discuss the beliefs of J.S. Mill, Patrick Devlin and Ronald Dworkin. These three men hold different, yet similar positions on freedom of speech, privacy and society. First, I will illustrate how Dworkin's idea of a free society includes more details than Devlin's. Also, how...
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