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A theory of law is for Dworkin a theory of how cases ought to be decided and it begins, not with an account of the political organization of a legal system, but with an abstract ideal regulating the conditions under which governments may use coercive force over their subjects. [14] Dworkin in 2008
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.
Dworkin informs his readers that the concept of law is the theory of what forms the ground of law. The "concept of law" was used by H.L.A. Hart as the title for an approach to law strongly oriented to Anglo-American reading of positive law to which Dworkin would find insufficient for dealing with issues of jurisprudence encountered throughout ...
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 ...
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 ]
The Hart–Dworkin debate is a debate in legal philosophy between H. L. A. Hart and Ronald Dworkin. At the heart of the debate lies a Dworkinian critique of Hartian legal positivism, specifically, the theory presented in Hart's book The Concept of Law. While Hart insists that judges are within bounds to legislate on the basis of rules of law ...
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.
The exchange rate disconnect puzzle: The exchange rate disconnect puzzle, also one of the so-called real exchange rate puzzles, concerns the weak short-term feedback link between exchange rates and the rest of the economy. In most economies, the exchange rate is the most important relative price, so it is surprising, and thus far unexplained ...