My final task for the course, it’s about, a personal and favourite theme, The Legal Theory, of Ronald Dworkin. This subject pursuit my since I enter to the university, my first approach with this theme was in the law introduction class. Now I’m going to present you a summary about an interesting website about it.
http://www.jasononline.com/law/juris.htm
Summary:
He criticizes legal positivism, principally about three main ideas:
· He rejects the idea that in hard cases (normally the cases where rules do not apply) exist total discretion for the judges to decide. For the contrary, he thinks that there is always a right answer to the specific case.
This right answer can be achieved by the application of moral principles.
· Related with the previous part, leads us to his second critic to the positivism: that all laws reduce to positive law. For him that is wrong, because, he thinks instead that moral principles constitute a fundamental part of legal theory.
· He opposes to Hart’s Rule of Recognition, which is the conception that exists a Master Rule in every legal system that identifies valid laws; because it supposes an uncontroversial of identifying law.
In Dworkin’s theory, on the other hand, this process can be controversial, because the judge always has to interpret law and weigh the different principles in dispute.
Finally, with Dworkin’s theory, the judge always reaches the answer for the concrete case in particular, using law and principles.
http://www.jasononline.com/law/juris.htm
Summary:
He criticizes legal positivism, principally about three main ideas:
· He rejects the idea that in hard cases (normally the cases where rules do not apply) exist total discretion for the judges to decide. For the contrary, he thinks that there is always a right answer to the specific case.
This right answer can be achieved by the application of moral principles.
· Related with the previous part, leads us to his second critic to the positivism: that all laws reduce to positive law. For him that is wrong, because, he thinks instead that moral principles constitute a fundamental part of legal theory.
· He opposes to Hart’s Rule of Recognition, which is the conception that exists a Master Rule in every legal system that identifies valid laws; because it supposes an uncontroversial of identifying law.
In Dworkin’s theory, on the other hand, this process can be controversial, because the judge always has to interpret law and weigh the different principles in dispute.
Finally, with Dworkin’s theory, the judge always reaches the answer for the concrete case in particular, using law and principles.
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