How should a judge's moral convictions bear on his judgments about what the law is? In his new book, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions - semantic, jurisprudential, and doctrinal - in which law and morals are undoubtedly interwoven. Dworkin's new collection of essays and original cha...
How should a judge's moral convictions bear on his judgments about what the law is? In his new book, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions - semantic, jurisprudential, and doctrinal - in which law and morals are undoubtedly interwoven. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
Academic defenders of legal positivism, like Coleman and Raz, remain. But their rguments, as i have tried to show, have the artificiality and strain of theories that defenders of a sacred faith construct in the face of embarrassing evidence. What is that sacred faith? The remaining positivists are not political conservatives who hope to resist the spread of individual and minority righs by insisting on a majoritarian conception of law. On the contrary, they argue that legal positivism imposes no constraints on what judges and legal officials actually do; they have traveled far from Bentham and from Erie. They celebrate positivism as an accurate description of the very concept of law or as the most illuminating theoretical description of legal phenomena over time. Sometimes they treat these... (查看原文)
![[美国] 罗纳德·德沃金](https://img9.doubanio.com/img/author/medium/public/1519658128.16.jpg)
罗纳德·德沃金 作者
AZUKI七
北京大学出版社2014版
青也
北京大学出版社2014版
afternoon
北京大学出版社2009版
0 有用 鹿 2023-02-08 23:56:39 中国香港
《哈特的后记和政治哲学的要义》一篇是德沃金道德哲学、法哲学和政治哲学的方法的总结。