Lawus Empire: ,
Ronald D. Dworkin, R. M. Dworkin. Belknap Press, $37.5 (488pp) ISBN 978-0-674-51835-3
In this first full-length exposition of his theory of law, Dworkin, who teaches jurisprudence at Oxford University and New York University, maintains that society should ensure for all its members a legal system that functions in a coherent and principled manner. In prose accessible to the lay reader, he discusses at length several views of American constitutional law such as ""passivism'' and ``framers' intention.'' Rejecting both conventionalism and pragmatism, he advocates law as integrity which holds that propositions of law are true if they derive from justice, fairness and procedural due process in accordance with the community's legal practice. Citing examples, he further argues that law should be more than a collection of formal guidelines and that it should uphold more abstract moral principles, distinguishing between issues of policy and matters of principle affecting rights of the individual. Uniting jurisprudence with adjudication, Dworkin sees each judge as a link in a chain of law of which his or her judgment becomes a part. (May)
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Reviewed on: 05/01/1986
Genre: Nonfiction