Research On The Thoughts Of Dworkin's Law As Integrity

Ronald Dworkin, who is a very famous jurist at present in America. Dworkin's law as integrity is based on the theory of rights and the theory of principles,which is expressed by theory of interpretations.The order of theory is to vindicate liberalist tradition. Under a unique social, political and cultural background, the USA has been witnessing dramatic changes ever since the 1960s.This has challenged liberalist tradition greatly. Edified by western liberalist tradition and forested in the practice of the common law, Dworkin advances the Thoughts of law as integrity.This theory is to vindicate the value of equality and freedom and revive the law of liberalism. Dworkin advances the concept of interpretive law,which objects to the past law schools. The past law schools think we should determine the content of law by the same standard.The interpretive law will achieve the integrity of law principles. Dworkin compares law principle with law rule and policy.He thinks legislatures and judges should officiate mainly according to law principles and the law is composed of law of different levels.Law principles is to protect rights,because it demands the same consequences in the same cases.The rights are supreme in the liberal society and the right of being cared for respected equally is most important.The law is the integrity of different rights.Law is the integrity of principles and rights because the state is a moral entity. The state must treat citizens with the same principle.Thoughts of Dworkin's law as integrity object and criticize the legal positivism and pragmatism. Dworkin thinks legal positivism can not protect reasonable foreseeing truly and can not balance laws'stability and agility correctly.Legal pragmatism considers the law as the tool for the interest of society and doesn't recognize true rights.So legal pragmatism doesn't respect the past.There is only law as integrity which can interpret our legal practice perfectly.Law as integrity refers to a kind of political moral principle and a kind of unique political ideal.It is in order to protect rights ,safeguad human dignity and champion liberal tradition. Dworkin's law as integrity still has some doubtful points,but our country's law practice and our thinking of law can learn a lot from it.