Examination On Dwokin's Moral Agent Theory

All the jurists who have great ambitions want to figure out the puzzle that what the law is in their own theory during the history of human being. As a serious, attentive and cautious professor of law, a creativity and delighted in jurisprudence theory, It is reasonable that Dworkin start his work form that puzzle to create his law's empire. Because of Dworkin's strong proving and perhaps his shocking words, there are many famous parts of his theory, such as"right answer","hard case","constructive interpretation","principle"and so on. These parts of his theory are logically arranged with total caution. And in this paper, it refers to the important chain of Dworkin's theory which is called"moral agent".The"moral agent"is based on the integrity theory which is one of main chain in all Dworkin's theory. In Dwokin's view, the integrity includes two parts. One is called"Legislative integrity", the other is called"Adjudicative principle of integrity". The first is used to solve the justifiability of selecting and creating political policy, the second is used to handle the cases according to the policy mentioned above."Legislative integrity"is Dworkin's political ideal,"adjudicative principle of integrity"is his methodology. In this article, it pays attention to the first part of integrity. The thinking of"Legislative integrity"shall be done with some questions. What and where the justifiability is? How is it possible? The research of integrity bases on the view that Dworkin see the total society as a"moral agent". That is the best answer to all the questions above.In this paper, it tries to point out every possible source, compare the interrelated theory, reveal its status in the pedigree of integrity finally through the research of"moral agent". The first part of this paper lists the evidence that the"moral agent"theory is tightly related to Dworkin's whole system. It is not a contradiction between the group view and liberalism. The second part of this paper focuses on the sources or relations of the"moral agent"theory, for example, group consciousness, Community, Ethnocentrism, etc. And it also tries to find out every detail of the theory so that it can be drawn precisely. The third part puts the theory into the progress of law's empire, seeing whether it is capable in the system. Finally, in the epilogue, conclusions will be carried out to summarize the advantage and disadvantage of the theory. It will be pointed out that there are not enough probable way to fix all kinds of personality to group consciousness. Therefore, three creations can be found in this paper. First, its topic is hardly referred in abundant research of Dworkin according to file collecting and arranging by the author. Second, the comparative research in this article uses contrasts which are not used very frequently in this field. It puts Communicative Reason, Ethnocentrism, Structuralism and Altruism into the view of jurisprudence, becoming a dialogist in Dworkin's theory. Finally, a brand new appraisal is given to summarize the achievement of moral agent theory in this carticle.