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. ...
Download paper


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

Related Essays

John Ronald Reuel Tolkein
Tolkien asserted his creation of Middle-earth occurred a long time prior to the October Revolution of 1917.
10 pages (2510 words) Essay
Ronald Reagan's Presidency
Finally, he came to his economic belief system through his own study of the free market (278). Reagan's transition from Democrat to Republic and his later adoption as a symbol of conservative republicanism will be discussed in this essay through a critical analysis of his economic policy and position on Social Security reform.
8 pages (2008 words) Essay
Ronald Reagan
As they used to move so frequently therefore Reagan couldn't make any lasting friends and was dependent on the family for any company, due to which the whole family was very close to one another like one unit.
7 pages (1757 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
non-Dworkian sense implies that the legal validity of a given norm, and hence whether it forms part of the law of that system, depends on its sources, not its merits. This paper discusses the jurisprudential basis of impartiality in judicial decision-making based on the theory of Dworkin and juxtaposing the same with another contemporaneous legal positivist, Professor H.L.A Hart.
6 pages (1506 words) Essay
From a legal and social perspective, the movement initiated the struggle of women to gain equality before the law, changing the structure of society as women ventured out into the workplace.
16 pages (4016 words) Essay
Legal Theory
These ideas and ideologies have assumed a global and even pan-human application. When applied they claim a universalism. When dissected, however, they show themselves to have a decidedly Western origin and influence. This has been shown to be the case in the global spread of various ideas and power systems like democracy, capitalism, industrialisation, colonialism, internationalism, and even socialism.
4 pages (1004 words) Essay
Jurisprudence: Ronald Dworkins Legal Theory
Dworkin’s interpretation of the legal practice is based on the notion of law as upholding integrity. He argues that law as integrity requires the judges to point out legal duties and rights due to the supposition that they are a product of the society as a creature, and that they stand for the society’s idea of fairness and justice. It is assumed that the assertion of law is true, only if they follow the due procedure, fairness and the principles of justice, which is considered the best and the productive understanding of the society’s legal process. Reliability of law is derived from...
8 pages (2008 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!