19th and 20th centuries
Ronald Dworkin
1931–2013 · United States and United Kingdom · Professor of jurisprudence at Oxford and New York University
1800 BCAD 2000
Life and ideas
Ronald Dworkin was an American philosopher who taught at Yale, then at Oxford, where he succeeded Hart as Professor of Jurisprudence in 1969, and at New York University. In 'The Model of Rules' (1967) and Taking Rights Seriously (1977) he attacked Hart's positivism, arguing that judges decide hard cases by principles, such as that no one may profit from their own wrong, which are not identified by their pedigree but by their moral weight. Individual rights, he said, are 'trumps' against collective goals. In Law's Empire (1986) he argued that law is an interpretive practice: the judge, like a novelist adding a chapter to a chain novel, must find the reading that best fits the record and puts it in its best moral light. He also wrote on equality, free speech, abortion and the Constitution.
The big idea
Judges decide hard cases by principles as well as rules, and a judge should seek the interpretation that best fits and justifies the legal practice. Rights are 'trumps' against majority preferences.
Main work
Taking Rights Seriously (1977); Law's Empire (1986)
Legacy
Hart's principal critic and the most influential rights theorist of his time.
The school of thought
- Law as Integrity (Interpretivism): Law includes the moral principles that best justify a community's legal practice.
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