Ronald Dworkins Legal Theory - Essay Example

Only on StudentShare

Extract of sample
Ronald Dworkins Legal Theory

Decisions that are regulated by legal standards put in force the existing rights of individuals, and therefore judges do not, in reality, establish the law but rather ascertain it.
Judges should not resolve difficult cases based on considerations which persuade legislators when they take up policies advancing collective goals. The rights of individuals are to be put into effect against considerations of the general good. Judicial discretion is flawed as a descriptive notion regarding how judges actually act in difficult cases, and as a dogmatic account of how they should behave. These premises are pursued by Dworkin over a number of years and articulating them in successive papers. In Taking Rights Seriously (1977), Dworkin has endeavored to improve and expand on his disagreement to legal positivism and also his personal concept of the law.
Modern Anglo-American legal concept has put little consideration to studies in legal theory that were undertaken during the first half of the 20th century. Before H.L.A. Hart's The Concept of Law (1961), legal theory is commonly regarded as an antiquated philosophy. ...Show more


Ronald Dworkin's legal theory has emerged from his confrontation on what he depicts as the ruling theory of legal positivism. For Dworkin, positivism is a blend of related assertions such that: law is theoretically separate from morality; in difficult cases wherein the legal rules are ambiguous, judges exercise prudence by applying extra-legal considerations; more frequently extra-legal matters are utilitarian in nature given that they try to advance the general good instead of individual rights…
Author : ornedmund
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Ronald Dworkins Legal Theory"
with a personal 20% discount.
Grab the best paper

Related Essays

John Ronald Reuel Tolkein
Both were orphans in need of affection, and they found that they could give it to each other. During the summer of 1909, they decided that they were in love." Commentators thought The Lord of the Rings was an anti-communist story and thought the Dark Lord analogous with Stalin himself.
10 pages (2500 words) Essay
Ronald Reagan's Presidency
As an economics major at Eureka College in the 1920's (before the Depression and the New Deal), he was taught classical economic (Busch 2005, 277). Later in his life, as a movie actor, Reagan would live and earn at the top tax bracket. He learned then the disincentive created by higher taxes as his fellow actors would stop working at some part of the year in order to avoid such high taxes and the low return on their labor.
8 pages (2000 words) Essay
Ronald Reagan
His family had moved to many different towns and cities in Illinois such as Monmouth and Chicago. However, in the year 1919 he moved back to Tampico and to Dixon in 1920 where they finally settled (Encyclopdia Britannica, 2009). Reagan was nine years old at that time.
7 pages (1750 words) Essay
Dworkin and legal positivists seek to provide guidelines for impartial judicial decision making, but do so in different ways and with different results. Discu
positivism’ is often attached to a broad intellectual tradition, distinguished by an emphasis on certain aspects of legal thought and experience,1 rather than an a priori justification of the what law is. Therefore, as understood in this paper, legal positivism in a general
6 pages (1500 words) Essay
ith men and feminist jurisprudence focused upon persuasive presentation to those in authority about the necessity to provide equal treatment to all individuals, defining social change as being centered upon providing equal treatment to similarly placed individuals, irrespective
16 pages (4000 words) Essay
Conceptual framework
The FS should be understandable, relevant, reliable, timely, and comparable. The framework must be the basis of a general purpose of FS that could be presented to a wide range of
6 pages (1500 words) Essay
Legal Theory
This resulted not only in the global diffusion of technology but also in the worldwide propagation of myriad social, economic, and political ideas and
4 pages (1000 words) Essay
Jurisprudence: Ronald Dworkins Legal Theory
His approach was distinct from natural law theory, legal realism, and legal positivism.2 In this paper, I will use Dworkin’s theory, before presenting its application in this case. 3 Essentially, Dworkin theory is a contemplation of law as comprehensive legal world that is
8 pages (2000 words) Essay
Find out how much would it cost
to get a custom paper written by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email