A Matter of Principle
By (author) Ronald M. Dworkin
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Matter of Principle by Ronald M. Dworkin
Book DescriptionA selection of important writings which together suggest that legal philosophy is the nerve of legal reasoning.
Buy Matter of Principle book by Ronald M. Dworkin from Australia's Online Bookstore, Boomerang Books.
Book DetailsISBN: 9780198255741
(234mm x 157mm x 23mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 18-Dec-1986
Country of Publication: United Kingdom
Books By Author Ronald M. Dworkin
Religion without God, Hardback (October 2013)
Addresses questions such as: What is religion and what is God's place in it? What are death and immortality?
Justice for Hedgehogs, Paperback (February 2013)
The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In this title, the author argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question.
Is Democracy Possible Here?, Paperback (July 2008)» View all books by Ronald M. Dworkin
Politics in America are polarized and trivialized. This title identifies and defends core principles of personal and political morality that various citizens can share. It shows that recognizing such shared principles can make substantial political argument possible and help replace contempt with mutual respect.
US Kirkus Review » Dworkin (Taking Rights Seriously) is one of the foremost legal theorists around, and his title for this collection of essays pinpoints his central theme. Dworkin does not believe that the legal system is apolitical - judges, he says, are always introducing political considerations into their rulings. Rather than decry this fact, Dworkin turns his attention to what principle ought to guide those decisions, and here he makes the case that the guiding principle ought to be a liberal one. Liberalism, he argues, is based on the principle of individual rights at the expense of some overriding conception of the public good. Judges ought not to decide in terms of a conceivable benefit to the community as a whole, or a significant fragment of it. Instead, they ought to hew to the fundamental fights of individuals, whether or not such rights happen to dovetail with the welfare of the community at any particular point (even, indeed, if assertion of an individual right would be detrimental to the welfare of the community). In Dworkin's own language, he makes a case for political principle over political policy. This argument rests on the theory that a government can treat its citizens as equals by allowing each of them to define what is of value to them, not by applying a single conception of the good life to everyone. Dworkin uses that theory to support specific legal rulings in several of the essays here: two focus on the Bakke case, and argue in favor of affirmative action programs (the individual rights of racial minorities take precedence here, while Bakke had no claim to a violation of individual fight); another essay argues against anti-pornography statutes on the basis of a right to sexual preference; yet another takes issue with the Snepp ruling, arguing for the primacy of First Amendment rights. These are difficult issues, but Dworkin has the gift of clarity - and even if he nowhere gives a convincing account of just what a right is and how it comes to be, he does illuminate the American legal tradition and its guiding principles. (Kirkus Reviews)
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