Examination On Dworkin's Interpretive Theory Of Law As Integrity

As the direct result of his efforts to solve the question of law's validity, Dworkin's interpretive theory of law as integrity concerns how to realize the meaning of people's being in law ,in which law acts as a vehicle loading people's retrospection and persuit of his own living value and is defined as an interpretive concept ,because Dworkin has hold "that is ,any way ,what law is for us : for the people we want to be and the community we aim to have." So , Dworkin has invested his theory with distinctively ontologic features.The question of law's validity is a new one with long history in western jurisprudence when it has become the focus in the academic circle since the conclusion of the World War Two . For Dworkin ,the question has not only placed him in a theoretical dilemma ,but added the actual pressure he has to be beared on himself in the cataclysmic social conditions, because legal positivism, as the reigning theory of Anglo-American jurisprudence , has refused to answer it in the field of jurisprudence by the distinction between "what the law is "and "what the law ought to be ", but the new natual law has not successfully established morality in law as its valid source due to the failure to specify the morality's substantial content in law . Nevertheless, it must be pointed out that it is the failure of legal positivism as well as new natural law to handle the certainty of substantial morality in law that opens new perspective for Dworkin and leads him shed difficulty.Undoutedly, Kant's transcendental philosophy of morality has shed light on and provided theoretical heritage with Dworkin,which has told us only by obeying the formal principle on people'sfree will__moral laws__can people transfuse some meaning intohis (or her) real life, and with the inherent reason, people is the sovereign of his (or her) moral living, in which the meaning of people's being can be unfolded by itself through his (or her) practical activities under concrete and consecutive conditions both in time and space dimensions. So , in deference to people's independence , Dworkin has converted the question that what kind of substantial morality should be established in law into such question that how to make the moral meaning unfolded in law by everyone's practical activities , in which his ultimate purport has been discovered.To fulfill the task of building bridge between law and morality, which he has thought to be the main one in jurisprudence, Dworkin has chosen right as the device to receive and then transport the reasonable energy of the supreme moral source to law and people's activities concerning with law and used interpretation to connect the rights in levels of different abstract extent to form a logic approach. In the viewpoint of Dworkin, by contrast to the answer right in itself, the perfection of the logic approach that directs to it would be more important when people facing the unpredictable future and being baffled by "what should I do".Suffering from the social cataclysm as the aftermath of a confidential crisis in government 's validity, Dworkin has been hoping his work would draw all member's attentions on and encourage them to be devoted into building a developement approach for law with intrinsic reasonability, for he had insisted that . only through building of such an approach ,would the rule-of-law be desirable, the common community be justice, and most important of all, the members of a community reinstate the confidence to law and government in themselves.