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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.
Ronald Dworkin's Theory of Equality: Domestic and Global Perspectives. New York: Palgrave Macmillan, 2009. Benjamin Brown, From Principles to Rules and from Musar to Halakhah - The Hafetz Hayim's Rulings on Libel and Gossip; Burke, John J.A. The Political Foundation of Law: The Need for Theory with Practical Value. San Francisco: Austin ...
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 ...
Interpretation, according to Dworkin's "integrity theory of law", has two dimensions. To count as an interpretation, the reading of a text must meet the criterion of "fit". Of those interpretations that fit, however, Dworkin maintains that the correct interpretation is the one that portrays the practices of the community in their best light, or ...
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.