Author: Marshall Cohen
Publisher: Rowman & Littlefield Pub Incorporated
ISBN: 9780847673247
Category : Law
Languages : en
Pages : 316
Book Description
Ronald Dworkin and Contemporary Jurisprudence
Ronald Dworkin and Contemporary Jurisprudence
Author: Marshall Cohen
Publisher: Bristol Classical Press
ISBN: 9780715618172
Category : Law
Languages : en
Pages : 316
Book Description
No Marketing Blurb
Publisher: Bristol Classical Press
ISBN: 9780715618172
Category : Law
Languages : en
Pages : 316
Book Description
No Marketing Blurb
Justice in Robes
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 9780674021679
Category : Law
Languages : en
Pages : 328
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 “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.
Publisher: Harvard University Press
ISBN: 9780674021679
Category : Law
Languages : en
Pages : 328
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 “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.
Taking Rights Seriously
Author: Ronald Dworkin
Publisher: A&C Black
ISBN: 1780938330
Category : Philosophy
Languages : en
Pages : 457
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.
Publisher: A&C Black
ISBN: 1780938330
Category : Philosophy
Languages : en
Pages : 457
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.
Philosophy of Law: A Very Short Introduction
Author: Raymond Wacks
Publisher: OUP Oxford
ISBN: 0191510637
Category : Law
Languages : en
Pages : 169
Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Publisher: OUP Oxford
ISBN: 0191510637
Category : Law
Languages : en
Pages : 169
Book Description
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Freedom's Law
Author: Ronald Dworkin
Publisher: OUP Oxford
ISBN: 0198265573
Category : Law
Languages : en
Pages : 438
Book Description
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.
Publisher: OUP Oxford
ISBN: 0198265573
Category : Law
Languages : en
Pages : 438
Book Description
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.
The Supreme Court Phalanx
Author: Ronald Dworkin
Publisher: New York Review of Books
ISBN: 1590172930
Category : Abortion
Languages : en
Pages : 91
Book Description
"A New York Review Books collection"--Cover.
Publisher: New York Review of Books
ISBN: 1590172930
Category : Abortion
Languages : en
Pages : 91
Book Description
"A New York Review Books collection"--Cover.
Sovereign Virtue
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 9780674008106
Category : Law
Languages : en
Pages : 532
Book Description
Equality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In his new book Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation's wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles--first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life--to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.
Publisher: Harvard University Press
ISBN: 9780674008106
Category : Law
Languages : en
Pages : 532
Book Description
Equality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In his new book Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation's wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles--first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life--to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.
Law's Empire
Author: Ronald Dworkin
Publisher:
ISBN: 9788175342569
Category : Law
Languages : en
Pages : 0
Book Description
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Publisher:
ISBN: 9788175342569
Category : Law
Languages : en
Pages : 0
Book Description
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
The Legacy of Ronald Dworkin
Author: Wilfrid J. Waluchow
Publisher: Oxford University Press
ISBN: 0190466413
Category : Law
Languages : en
Pages : 457
Book Description
This book comprises sixteen papers selected from the 2014 McMaster University Philosophy of Law Conference (lawconf.mcmaster.ca) on the legacy of Ronald Dworkin (lawconf.mcmaster.ca). These pieces touch upon many aspects of Ronald Dworkin?s wide-ranging contributions to philosophy and jurisprudence, including his theory of value, political philosophy, moral philosophy, philosophy of international law, and legal philosophy. The book?s organizing principle and theme reflects Dworkin?s self-conception as a builder of a unified theory of value. Part I addresses the most abstract and general aspect of Dworkin?s work?the unity of value thesis. Part II comprises works that address themes from Dworkin?s political philosophy, including his discussions of authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin?s master value of dignity and the associated values of equality, and respect. Part III addresses various aspects of Dworkin?s general theory of law. Part IV comprises pieces that offer accounts of the structure and defining values of discrete areas of law, including constitutional law, the law of contract, and procedural law.
Publisher: Oxford University Press
ISBN: 0190466413
Category : Law
Languages : en
Pages : 457
Book Description
This book comprises sixteen papers selected from the 2014 McMaster University Philosophy of Law Conference (lawconf.mcmaster.ca) on the legacy of Ronald Dworkin (lawconf.mcmaster.ca). These pieces touch upon many aspects of Ronald Dworkin?s wide-ranging contributions to philosophy and jurisprudence, including his theory of value, political philosophy, moral philosophy, philosophy of international law, and legal philosophy. The book?s organizing principle and theme reflects Dworkin?s self-conception as a builder of a unified theory of value. Part I addresses the most abstract and general aspect of Dworkin?s work?the unity of value thesis. Part II comprises works that address themes from Dworkin?s political philosophy, including his discussions of authority, civil disobedience, the legitimacy of states and the international legal system, distributive justice, collective responsibility, and Dworkin?s master value of dignity and the associated values of equality, and respect. Part III addresses various aspects of Dworkin?s general theory of law. Part IV comprises pieces that offer accounts of the structure and defining values of discrete areas of law, including constitutional law, the law of contract, and procedural law.