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Ronald Myles Dworkin FBA QC (/ ˈ d w ɔːr k ɪ n /; December 11, 1931 – February 14, 2013) was an American legal philosopher, jurist, and scholar of United States constitutional law. [3] At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University ...
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.
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 ...
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 ...
Legal philosopher Ronald Dworkin uses Riggs in an argument against legal positivism, focusing on a version of legal positivism by H. L. A. Hart. Positivism holds that all legal decisions by courts are classified into one of two categories. Some are central to the legal rules at issue.
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. The concept also includes continental legal hermeneutics and authors such as Helmut Coing and Emilio ...
a late reply (1994 edition) to Ronald Dworkin, who, in Taking Rights Seriously (1977), A Matter of Principle (1985) and Law's Empire (1986), criticized legal positivism in general and Hart's account of law in particular.
American legal philosopher Ronald Dworkin's legal theory attacks legal positivists that separate law's content from morality. [64] In his book Law's Empire, [65] Dworkin argued that law is an "interpretive" concept that requires barristers to find the best-fitting and most just solution to a legal dispute, given their constitutional traditions ...