"Ronald Dworkin" Essays and Research Papers

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Ronald Dworkin

feature of Kelsen’s theory. Many of Hart's former students became important legal, moral, and political philosophers, including Brian Barry, John Finnis, John Gardner Kent Greenawalt, Neil MacCormick, William Twining, Chin Liew Ten, Joseph Raz and Ronald Dworkin. The Concept of Law is the most famous work of HLA Hart; it was published in the year 1961. This book developed a lot about what we should understand about legal positivism and what is the idea that he brought into the legal law. Firstly, the...

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Consider H.L.a Hart’s Critique of Austin’s Positivist Theory of Law. Do You Think H.L.a Hart Succeeds in Developing an Alternative Account of Law Which Is Persuasive?

The question of what the law is a philosophical one, which probably has no definite answer to it. This is evident as we have seen a lot of legal theorists trying to come with answers to the question. Ronald Dworkin says it is “a set of explicitly adapted rules and ought to maximise the general welfare” , Fuller on the other believed “law should withstand the scrutiny of reason and opposed the idea of legal positivism that law is no higher than a particular authority” , John Austin defined it to...

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Philosophy of Law; First Essay

much-esteemed Ronald Dworkin. Part I – Adjudication of Hard Cases In his well-regarded works entitled “Taking Rights Seriously” and “A Matter of Principle,” Dworkin provides an outstanding account of how judges should adjudicate hard cases. In presenting this account, he examines the discretion thesis. This thesis serves as the mechanism by which members of the judiciary should decide the most difficult of cases by establishing new law in the exercise of discretion. Dworkin assesses this thesis...

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What Law Is

This has been met with Dworkin’s criticism that law is ‘characteristically and pervasively a moral argument’ with lawyers deciding ‘which of competing sets of principles provide the morally most compelling justification of legal practice’6. Yet Dworkin arguably mistakes Hart’s attempt to describe the concept of what law is for the content of what the law is. It is indeed possible, as Hart set out to do, to describe the features of law without commenting on law’s substantive merits. For instance...

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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.

the 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 positivist theory of his former teacher and predecessor as Professor of Jurisprudence at Oxford University, H.L.A. Hart. When comparing the two, it is apparent that Dworkin and Hart disagree...

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Law's Authority Comes from Its Ability to Create a Moral Obligation to Follow It

utilitarianism. This way of thinking was further bolstered by the writings of Austin, Hart and later Joseph Raz. Yet it would be safe to say that this debate took centre stage as a result of the Hart-Dworkin debate. After Hart’s response to Austin’s theory of legal positivism, it was consequently fiercely rebutted by Dworkin and Hart replied in a post script of a second addition of his book ‘The Concept of Law’. Two theories of law and the concept of its ‘moral obligations’ were at loggerheads and became a big...

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Jurisprudence in Gist

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 a tool of analysis for much that has puzzled both the legal and political theorists. Hart defines primary rules as duty imposing and secondary rule as the power conferring rules. Harts analysis was criticized by Lon Fuller, Eonald Dworkin, Lord Devlin and David Lyons. Historical School...

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Natural Law

Between Law and Morality," Ratio Juris, vol. 2, no. 1 (1989), 66-78 ------"Negative and Positive Positivism," 11 Journal of Legal Studies 139 (1982) Jules L. Coleman and Jeffrie Murphy, Philosophy of Law (Boulder, CO: Westview Press, 1990) Ronald M. Dworkin, Law's Empire (Cambridge: Harvard University Press, 1986) ------Taking Rights Seriously (Cambridge: Harvard University Press, 1977) John Finnis, Natural Law and Natural Rights (Oxford: Clarendon Press, 1980) ------"The Truth in Legal Positivism...

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Jurisprudence

It is primarily a negative thesis that holds that the law is largely contradictory, and can be best 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 theories of general jurisprudence.[5] A further relatively new field is known as therapeutic jurisprudence...

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Jurisprudence

arguments put by Dworkin in his criticism of the rule of recognition theory express your own opinion about the ‘ultimate’ criteria of legal validity, supported by reasons describe in general terms the position that Hart takes in the Postscript give an account of the significance of the Postscript (a) for interpreting the main doctrines of The Concept of Law and (b) for understanding law generally.       Essential reading   Hart, H. ‘Postscript’. Dworkin, R. Taking Rights...

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