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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 ...
Ronald Dworkin was born in 1931 in Providence, Rhode Island, the son of Madeline (Talamo) and David Dworkin. [8] His family was Jewish.He graduated from Harvard University in 1953 with an A.B., summa cum laude, where he majored in philosophy and was elected to Phi Beta Kappa in his junior year.
Riggs v. Palmer, 115 N.Y. 506 (1889), is an important New York state civil court case, in which the Court of Appeals of New York issued an 1889 opinion. Riggs was an example of the judiciary using the "social purpose" rule of statutory construction, the process of interpreting and applying legislation.
A right is not a privilege. A right is an indefeasible personal claim against the whole world. It does not require a government permission slip.
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Methodological legal positivism is a value-free, scientific approach to the study of law and, at the same time, is a way of conceiving the object of legal knowledge. It is characterised by a sharp distinction between real law and ideal law (or "law as fact" and "law as value", "law as it is" and "law as it should be") and by the conviction that ...
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