Ronald Dworkin, QC, FBA (born December 11, 1931) is an American legal philosopher, currently professor of Jurisprudence at University College London and the New York University School of Law, and former professor of Jurisprudence at the University of

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• Ronald Dworkin, QC, FBA (born December 11, 1931)
  is an American legal philosopher, currently
  professor of Jurisprudence at University College
  London and the New York University School of Law,
  and former professor of Jurisprudence at the
  University of Oxford.

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• He is known for his contributions to legal
  philosophy and political philosophy. His theory
  of law as integrity is one of the leading
  contemporary views of the nature of law.

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Taking Rights Seriously

• What is law? What is it for? How should judges
  decide novel cases when the statutes and earlier
  decisions provide no clear answer? Do judges make
  up new law in such cases, or is there some higher
  law in which they discover the correct answer?
  Must everyone always obey the law? If not, when
  is a citizen morally free to disobey?

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Taking Rights Seriously

• A renowned philosopher enters the debate
  surrounding these questions. Clearly and
  forcefully, Ronald Dworkin argues against the
  "ruling" theory in Anglo-American law-legal
  positivism and economic utilitarianism and
  asserts that individuals have legal rights beyond
  those explicitly laid down and that they have
  political and moral rights against the state that
  are prior to the welfare of the majority.

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• Mr. Dworkin criticizes in detail the legal
  positivists' theory of legal rights, particularly
  H. L. A. Hart's well-known version of it. He then
  develops a new theory of adjudication, and
  applies it to the central and politically
  important issue of cases in which the Supreme
  Court interprets and applies the Constitution.

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• Dworkin is most famous for his critique of Hart's
  legal positivism he sets forth the fullest
  statement of his critique in his book Law's
  Empire.
• Dworkin's theory is 'interpretive' the law is
  whatever follows from a constructive
  interpretation of the institutional history of
  the legal system.

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• Dworkin argues that moral principles that people
  hold dear are often wrong, even to the extent
  that certain crimes are acceptable if your
  principles are skewed enough. In order to
  discover and apply these principles, courts
  interpret the legal data (legislation, cases etc)
  with a view to articulating an interpretation
  which best explains and justifies past legal
  practice. All interpretation must follow, Dworkin
  argues, from the notion of "law as integrity" in
  order to make sense.

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• Out of the idea that law is 'interpretive' in
  this way, Dworkin argues that in every situation
  where people's legal rights are controversial,
  the best interpretation involves the right answer
  thesis. Dworkin opposes the notion that judges
  have such a discretion in difficult cases.

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• One of Dworkin's most interesting and
  controversial theses states that there is only
  one right answer for most legal cases. Dworkin
  uses the metaphor of judge Hercules, an ideal
  judge, immensely wise and with full knowledge of
  legal sources. Hercules (the name comes from a
  classical mythological hero) would also have
  plenty of time to decide.

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• Acting on the premise that the law is a seamless
  web, Hercules is required to construct the theory
  that best fits and justifies the law as a whole
  (law as integrity) in order to decide any
  particular case. Hercules, Dworkin argues, would
  always come to the one right answer.

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• ?,?????,???????????????????(equal concern)1?
• ?, ????????????????????(principle of equal
  importance),??,????,???????????,?????????,????,??
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  (???????)3? 1 Ronald Dworkin, Sovereign
  Virtue The Theory and Practice of Equality 1
  (2000)
• 2 Dworkin, Sovereign Virtue, supra note 104, at
  5.
• 3 Dworkin, Sovereign Virtue, supra note 104, at
  65-119, 11-64.

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• Through an analysis of Rawls's theory of justice,
  he argues that fundamental among political rights
  is the right of each individual to the equal
  respect and concern of those who govern him. He
  offers a theory of compliance with the law
  designed not simply to answer theoretical
  questions about civil disobedience, but to
  function as a guide for citizens and officials.

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• Finally, Professor Dworkin considers the right to
  liberty, often thought to rival and even preempt
  the fundamental right to equality. He argues that
  distinct individual liberties do exist, but that
  they derive, not from some abstract right to
  liberty as such, but from the right to equal
  concern and respect itself. He thus denies that
  liberty and equality are conflicting ideals.

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• Dworkin has also made important contributions to
  what is sometimes called the equality of what
  debate. In a famous pair of articles and his book
  Sovereign Virtue he advocates a theory he calls
  'equality of resources'. This theory combines two
  key ideas. Broadly speaking, the first is that
  human beings are responsible for the life choices
  they make.

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• The second is that natural endowments of
  intelligence and talent are morally arbitrary and
  ought not to affect the distribution of resources
  in society. Like the rest of Dworkin's work, his
  theory of equality is underpinned by the core
  principle that every person is entitled to equal
  concern and respect in the design of the
  structure of society. Dworkin's theory of
  equality is one variety of so-called luck
  egalitarianism.