Justice in Robes

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Harvard University Press, 2006 - 308 páginas
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How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from “nothing” to “everything.”

In Justice in Robes, 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. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz.

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.

 

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Índice

Pragmatism and Law
36
In Praise of Theory
49
Darwins New Bulldog
75
Moral Pluralism
105
Originalism and Fidelity
117
Harts Postscript and the Point of Political Philosophy
140
Thirty Years On
187
The Concepts of Law
223
Rawls and the Law
241
Notes
263
Sources
297
Index
299
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Sobre el autor (2006)

Valerie Knowles is an Ottawa writer who has taught history and worked as an archivist. In addition to writing for newspapers, magazines, and federal government departments, she has published several non-fiction works, including Strangers at Our Gates: Canadian Immigration and Immigration Policy, 154-1997. This is her third book for Dundurn Press.

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