"Ronald Dworkin" Essays and Research Papers

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Social Engineering Theory of Roscoe Pound

Contents Preface Chapter 1 Chapter 2 Chapter 3 Locating Jurisprudence Sociologically Understanding 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 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Bibliography Index v Preface In this book we...

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PHL 612: Philosophy of Law

Wednesday March 5: TOPIC – Paternalism and Moralism AND Charter Jurisprudence, Prostitution and Feminist Legal Theory READINGS: (5) and (6) John Stuart Mill, Excerpts from On Liberty, Chapter 1 and Chapter 2 [Link in Course Readings] (7) Gerald Dworkin, “Paternalism” [Link in Course Readings] (8) Bedford v. Canada [Available online through CanLII] Week Nine/ Wednesday March 12: TOPIC – TOPIC – Charter Jurisprudence and Marijuana Use READINGS: (9) R. v. Malmo‑Levine; R. v. Caine (combined...

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Jurisprudence Is The Study And Theory

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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Administrative Law

rules for one person to follow; it makes sense for me to follow them only on the assumption that large numbers of others are doing so, too. But secondary rules are not necessarily pure conventions (like the examples I have just mentioned). As Ronald Dworkin has pointed out, they also represent ways of doing things that people care about. 30 No one really cares about driving on the left or on the right, provided they do what others are doing on those roads. But the recognition of norms as law is different...

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clarifying vague or indeterminate laws, judges may actually make new laws. He explains that this argument is rejected by Dworkin, who contends that judicial discretion is not an exercise in making new laws but is a means of determining which legal principles are most consistent with existing laws and which legal principles provide the best justification for existing laws. Dworkin says in Law’s Empire that legal theory may advance from the "preinterpretive stage" (in which rules of conduct are identified)...

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is simply a depiction of ideal-types which represent the views of comparatively few legal theorists. This problem is highlighted when attempting the not inconsiderable task of identifying the members of each group. In which camp, for example, is Dworkin to be billeted? Is Finnis really a natural lawyer? His view of law seems to be rather positivistic in some respects. 12 Even calling Hart a positivist is not completely unproblematic, since he concedes that his concept of law contains a "minimum content...

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austion,hart and kelson on sanction

legal perspectives upon law. * The idea of the Rule of Recognition, a social rule that differentiates between those norms that have the authority of law and those that do not. * A late reply (published as a postscript to the second edition) to Ronald Dworkin, who criticized legal positivism in Taking Rights Seriously (1977), A Matter of Principle (1985) and Law's Empire (1986). Hart on Sanction According to Hart, “rules are conceived and spoken of as imposing obligations when the general demand...

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What is law

compatibility or incompatibility of a rule with moral values as a criterion of the rule’s legal validity.’13 One cannot base their belief in Harts concept of law without paying attention to the criticism because in my opinion, both go hand in hand. Ronald Dowrkin has been known for his criticisms on hart’s theory, one of which argues that law is different from Hart’s system of rules, rather than law based on principles. He argued that in terms of adjudication, judges do not decide just based on Hart's...

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Critically Assess the Validity of Dworkin’s Criticisms Towards Positivism and Whether Natural Law Theory May Itself Be Disputed.

single fundamental test for law forces us to miss the important standards that are rules.” explains Dworkin on his attack on positivism. It is argued, by Dworkin, that both legal positivism and natural law theories are in reality searching for an answer to the question ‘what is law?’ a fundamental question and challenge towards the debate and critique of the natural lawyer and positivist. However Dworkin directs towards another issue, a more specific question of understanding law, gained by asking...

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Concepts and Nature of Law

while agreeing that his reading of the statutes was correct, based on the principle that no one should be permitted to profit from their wrongdoing. Ronald Dworkin 1) PHILOSOPHER’S VIEW Ronald Dworkin, also a member of the positivism camp, disagreed with Hart’s philosophy, eventually causing a division that is still greatly debated today. Dworkin believed that principles also play a role in law, not only rules, stating that many judges rely on principles to justify their decision that are not...

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