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Dworkin's theory is "interpretive": the law is whatever follows from a constructive interpretation of the institutional history of the legal system. Dworkin argues that moral principles that people hold dear are often wrong, even to the extent that certain crimes are acceptable if one's principles are skewed enough.
This is the opposite of the main claim of natural law theory. In the English-speaking world, interpretivism is usually identified with Ronald Dworkin's thesis on the nature of law as discussed in his text titled Law's Empire, which is sometimes seen as a third way between natural law and legal positivism.
In philosophy of law, law as integrity is a theory of law put forward by Ronald Dworkin. In general, it can be described as interpreting the law according to a community . [ 1 ]
Law's Empire is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century.
Taking Rights Seriously is a 1977 book about the philosophy of law by the philosopher Ronald Dworkin.In the book, Dworkin argues against the dominant philosophy of Anglo-American legal positivism as presented by H. L. A. Hart in The Concept of Law (1961) and utilitarianism by proposing that rights of the individual against the state exist outside of the written law and function as "trumps ...
Since then, interpretation has always been at the center of legal thought. Friedrich Carl von Savigny and Emilio Betti, among others, made significant contributions to general hermeneutics. Legal interpretivism, most famously Ronald Dworkin's, may be seen as a branch of philosophical hermeneutics.
A positivist Hartian theory contends that this judgment is conventionally objective, because the rule of recognition fails to recognise the mistake as legally valid. According to a liberal theory such as Dworkin's, the normativity of the judgment is one of reason rather than of value.
Dworkin himself favored law as integrity as the best justification of state coercion. One famous criticism of Dworkin's idea comes from Stanley Fish who argues that Dworkin, like the Critical Legal Studies movement, Marxists and adherents of feminist jurisprudence, was guilty of a false 'Theory Hope'. Fish claims that such mistake stems from ...