The concept of law as integrity is a key to dworkins constructive interpretation of legal practice. Stephen perrys interpretation and methodology in legal. Dworkin argued that to subject rights to balancing against the public good is to deny them altogether. Laws empire ronald dworkin harvard university press. Dworkin, sunstein, and ely by tina hunter introduction interpretive theory about the nature of law is the view that legal rights and duties are determined by the scheme of principle that provides the best justification of certain political practices of a community. The understanding of principled consistency used in this conception of interpretivism corresponds to one understanding of dworkin s famous distinction between fit and justification, as dimensions of interpretation dworkin 1986. See ronald dworkin, taking rights seriously xi 1977. Accommodating the former is arguably a plausibility condition for the latter. Yatess claim that legal advice should be informed by the best view of the law sounds very much like the position of ronald dworkin. This paper explores ronald dworkins influential theory of constructive interpretation.
Law as integrity holds a vision for judges which states that as far as possible judges should identify legal rights and duties on the assumption that they were all created by the community as an entity, and that they express the communitys conception of justice and fairness. The existence of unjust laws and unjust legal orders poses a large problem for natural law theories that assert a necessary relationship between law and morality and thus seems to support the positivist tradition, which argues that the relationship is contingent. Interpretation and coherence in legal reasoning stanford. I have sturggled this whole year to find a summary of h.
Some worries about dworkin s account of their relation lisa van alstyne university of chicago abstract. Taking rights seriously pdf summary ronald dworkin. Law s empire is a fulllength presentation of his theory of law that will be studied and debated for years to come. Dworkin argues that, when faced with a difficult case to which no statute or previous decision applies, a judge does not make law, but rather interprets what is already part of the legal. Click download or read online button to get ronald dworkin s theory of equality book now. This article explores and critiques ronald dworkins arguments on the value of. For dworkin, judicial interpretation of legal materials is structured by the notion.
In the interpretation of law, the judge must make creative decisions, but those. In this essay i shall argue that legal practice is an exercise in inter pretation not only when lawyers interpret particular. Dworkin argues that his theory of adjudication can be appreciated by understanding how someone would interpret a story in a chain novel. Waldron questioned whether dworkins vision of law as integrity in laws empire can overcome the cls argument that opposing principles suffuse community. Sally yates, ronald dworkin, and the best view of the law. Carri6 the expression legal positivism is intolerably ambiguous. Dworkin says that there is one right answer for cases where they look at the past and make a determination. In dworkin s reading, traditional originalists have all implicitly given up the game to him.
This is a book about the interplay of urgent political issues and hotly debated questions of moral philosophy. David plunkett dartmouth college timothy sundell university of kentucky one of ronald dworkin s most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind. Internationally renowned lawyer and philosopher ronald dworkin addresses the crucially related acts of abortion and euthanasia in a brilliantly original book that examines their meaning in a nation that prizes both life and individual liberty. My thanks to the participants in the boston university school of law. Ronald dworkin s taking rights seriously is a robust set of essays which collectively promote a liberal theory of the law. The first version targets what dworkin calls the plain fact view of the grounds of law. Introduction professor hart left, at his death, an unfinished manuscript of a postscript which he had intended for a new edition of his bestknown and most influential book, the concept of law. David plunkett dartmouth college timothy sundell university of kentucky one of ronald dworkins most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends. The concept of law as integrity is a key to dworkin s constructive interpretation of legal practice. Key to ronald dworkin s constructive interpretation of legal practice is the conception of law as integrity. Law, literature and history ronald dworkin, professor of jurisprudence at. With incisiveness and lucid style, dworkin has written a masterful explanation of how the angloamerican legal system works and on what principles it is grounded. The problem of justifying judicial decisions is particularly acute in hard cases, those cases in which the result.
Professor dworkins views on legal positivism maurer law. Ronald dworkin, qc, fba was an american philosopher of law. He shows that judges pdf must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is in literature as. Of all published articles, the following were the most read within the past 12 months. Whittington ronald dworkin s effort to distinguish multiple layers of intention that are embedded in the constitutional text has been taken as a substantial critique of traditional originalist jurisprudence. Nalbandian introduction ronald dworkin has based his theory of law on his ongoing critique of positivist theories of law, especially the theory developed by hart in the. Dworkin argues that, when faced with a difficult case to which no statute or previous decision applies, a judge does not make law. Ronald dworkin s theory of equality download ebook pdf. Dec 16, 2017 dworkin also insisted on integrity of law to ensure that law meets the moral demand. In regards to a phenomenology of law, i wish to investigate dworkins theory of law, and. Law as integrity, ronald dworkins theory of jurisprudence, often requires. In his most comprehensive work ronald dworkin argues that value in all its forms is one big thing. Ive found many articles where writers have written their interpretation of the postscript, however not one of these articles plainly described what hart states in his postscript. Lately, dworkin s justice for hedgehogs advances a unitary view of interpretation against forms of.
Pdf against legal theories that deny that law has any right answers or necessary connection to morality, professor ronald dworkins work offers an. Law as interpretation examines the ideas of the american jurist ronald dworkin, whose concept of law continues to exert considerable authority whenever contentious moral and political issues are debated. In some respects, this is an ambitious and interesting book. Law s empire is a text in legal philosophy by ronald dworkin, in which the author. Waldron questioned whether dworkin s vision of law as integrity in law s empire can overcome the cls argument that opposing principles suffuse community. Dworkin addresses questions about the angloamerican legal system as protector of individual rights and as machinery for furthering the common good. We must study interpretation as a general activity, as a mode of knowledge, by attending to other contexts of that activity. Lawyers would do well to study literary and other forms of artistic interpretation. Dont know what law is until judge has given ruling law up for grabs at all times is meaning of law an individual enterprise. Ronald dworkin law as interpretation, author ronald dworkin, year2002 ronald dworkin. This categorical, zerosum frame reflects a noble instinct. Fallon, jr my first exposure to ronald dworkin came at oxford, in the fall of 1975.
Ronald dworkin was an american philosopher, a scholar of united states constitutional law, and the author of several books. Ronald dworkin states in his preface to laws empire 1986 that he is doing a phenomenology of law. Notes on ronald dworkins theory of law introduction 1. Dworkin and legal pragmatism oxford academic journals. And against traditional interpretations of law, he argues that law must be understood by comparing it to a collective novel, a mixture. Ronald dworkin and duncan kennedy represent arguably two opposing poles in legal theory. Legal interpretivism stanford encyclopedia of philosophy. Introduction it has been twentyfive years now since ronald dworkin began his efforts to redraw the map of jurisprudential debate by offering a third theory of law. Destabilizing the conceptual foundations of laws empire.
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 college london. Lawyers and judges cannot avoid politics in the broad sense of political theory. This paper offers a novel frame for reading their respective legal theories which reconceptualizes the traditional way in which they were opposed, and new ways to compare them, to understand their commonalities and their differences. Interpretation is formed on basis of shared assumptions a common way of life but this conflicts with dworkin s approach which says we must decide our interpretation for ourselves.
A new philosophy for international law ronald dworkin i when i was last instructed in international lawat oxford in the 1950sthe. A harts postscript which he has written as a reply to ronald dworkin s critique of his theory. The role of intentions in constitutional interpretation keith e. Dworkins theory of law as interpretation is a very complex challenge to analytical jurisprudence in general and legal positivism in particular. Dworkin begins with the question that is at the heart of the whole legal system. Svavarsdottir, and david wiggins, to the members of the new york university law school colloquium on legal, political, and social philosophy, and to my teaching colleagues th. A new philosophy for international law ronald dworkin i when i was last instructed in international law at oxford in the 1950sthe. Read pdf justice for hedgehogs ronald dworkin justice for hedgehogs ronald dworkin justice for hedgehogs. Ronald dworkin is perhaps the countrys most unabashed intellectual advocate for the idea that this is precisely what the judges ought to be doing.
Ronald dworkin has based his theory of law on his ongoing critique of positivist theories of law, especially the theory developed by hart in the concept of law, as dworkin believed that harts theory was the ruling theory of law. Key to ronald dworkins constructive interpretation of legal practice is the conception of law as integrity. Professor dworkin s views on legal positivism genaro r. Interpretivism is famously associated with ronald dworkin, who developed. This paper explores ronald dworkin s influential theory of constructive interpretation. Dworkins concept of integrity of law demanded that laws be interpreted in a manner that they remain consistent to earlier established rules and principles. In the case of law, an interpretation so understood may correctly identify. As in a matter of principle, dworkin develops the view that law is an interpretive concept. Dworkin then provides a third theory of law, which he believes not only better represents what actually happens when judges decide cases but is also a morally better theory of law. Law s emplre is perhaps dworkin s most synoptlc account to date of empire, and judges are its princes, but not its seers. Youd better believe it is there any objective truth. Some worries about dworkins account of their relation lisa van alstyne university of chicago abstract. But it matters very much which description a theory of legislative intention accepts as. By focusing on the constitutive elements of the theory, namely the concept of constructive interpretation and the concept of integrity, i aim to surface their inherent and problematic idiosynchrasies.
Status skepticism is the view that, within the domain of legal interpretation. Law s empire is a fulllength presentation of his theory of law that will be studied and debatedby scholars and theorists, by lawyers and judges, by students and political activistsfor years. Laws emplre is perhaps dworkins most synoptlc account to date of empire, and judges are its princes, but not its seers. With the incisiveness and lucid style for which he is renowned, ronald dworkin has written a masterful explanation of how the angloamerican legal system works and on what principles it is grounded. He will be remembered for his contribution to rebuilding the legal system in the states and help those affected by its transgression. Law so conceived is deeply and thoroughly political. Professor ronald dworkin gave the most articulate expression to the idea that rights are best conceived as trumps. Lately, dworkins justice for hedgehogs advances a unitary view of interpretation against forms of skepticism that cls writers vigorously defended. Reflections on dworkin and the two faces of law richard h. Dworkin said that correct interpretation must both fit and justify its object. Ronald dworkin s theory of law as a matter of moral principle was plagued by the problem. Although i was there to study philosophy, politics, and economics, not law, friends told me that professor dworkin s. Laws empire is a text in legal philosophy by ronald dworkin, in which the author. The dominance of legal positivism, especially in britain, was over the next three decades subjected to a comprehensive.
Supreme court, presume to govern as philosopherkings. Dworkin on the value of integrity delhi high court. Indeed, dworkins argument relies on a distinction that hart pioneered and the plain fact view. He was a jeremy bentham professor of law and philosophy at university college london, frank henry sommer professor of law at new york university, and has taught previously at yale law school and the university of oxford. Ronald dworkin has based his theory of law on his ongoing critique of. December 11, 1931 february 14, 20 was an american philosopher, jurist, and scholar of united states constitutional law.
The arrival on the jurisprudential scene in the mid1980s of ronald dworkin s powerful new account of law as an interpretive concept, with concomitant implications for the activities of both judges and legal theorists see dworkin 1986 also did much to contribute to interest in the role of interpretation. Law as interpretation the foundations of legal philosophy were shaken in the 1970s by the ideas of the american jurist, ronald dworkin b. Law as interpretation ronald dworkin i shall argue that legal practice is an exercise in interpretation not only when lawyers interpret particular documents or statutes but generally. The general part describes what interpretation is and then what an interpretation of law is. I discuss two versions of ronald dworkins objection from theoretical agreement. Or must we finally accept that at bottom, in the end, philosophically speaking, there is no real or objective or. A familiar criticism of the american way of law is that judges, especially justices of the u. Taking issue with classical political liberalism, he argues that liberty and equality are not mutually exclusive, and are indeed inseparable. Ronald dworkin on justice for hedgehogs in a december 2010 interview, ronald dworkin. Dworkin argued that a judge should determine the legal rights and duties of the litigants by constructing the best possible interpretation of the principles of justice, fairness, and procedural due process, all. A matter of principle ronald dworkin harvard university press.
Ronald dworkin law as interpretation semantic scholar. This site is like a library, use search box in the widget to get ebook that you want. Law, literature and history ronald dworkin, professor of. Dworkins interpretative theory of law judicial activist ronald dworkin is an american legal philosopher, and professor at both yale and oxford universities law schools. Interpretivism about law implies the possibility of disagreement about the grounds of law, because it makes laws constitutive explanation a matter of substancespecifically, a matter of the moral justification of the role of institutional history in the determination of rights and obligations. Law journal professor dworkin s views on legal positivismt genaro r. Keynote address professor ronald dworkin justice for hedgehogs. Ronald dworkin s innovative and politically ambitious work has become essential reading in political and legal theory. It points out that this theory admits of two readings, which i call the undemanding and the demanding concep. The fox knows many things, the greeks said, but the hedgehog knows one big thing. Although i was there to study philosophy, politics, and economics, not law, friends told me that professor dworkins. Finally, at the postinterpretive stage, the judge forms a view about what decision the prevailing social practice. Dec 17, 2009 ronald dworkin, professor of jurisprudence at university college london and the new york university school of law, delivers the inaugural frederic r. Against the philosophical doctrine of utilitarianism, dworkin argues that.
1179 1417 953 384 1243 421 637 714 1179 869 1219 102 1624 450 230 227 1297 32 1208 1166 800 1239 412 287 29 750 718 654 942 903 121 1162 550 446 932 614 1083 1324