Ronald Dworkin's Jurisprudence Ethic Ideology Based On Theory Of Right And Revelation Of China's Nomocracy Construction

In the early days of 1960s, the United States has been immersed in class conflict, ethical conflict and social conflict. Under this background, the United states socialdominant ideological doctrine and tradition——liberalism's two cores: the conflict of"claim equality"and "claim freedom" as the biggest question in the United States society. Aim at this question, there have appeared diversified schools of jurisprudence which are assumed to be based on liberalist tradition, and are striving to offer countermeasures. The professor of jurisprudence of Oxford University and New York University named Ronald Dworkin is one of the famous scholars in schools of jurisprudence. He advocated the jurisprudence based on liberalist theory of right, he has cut a conspicuous figure in this fiercely controversial field. In Ronald Dworkin's opinion, the contravention of the whole society is the conflict of personal right and state right. Therefore, Ronald Dworkin's theory based on attention right, he began to attention personal right and vindicate liberalism.The core of Ronald Dworkin's theory of right is "personal right". In this theory, personal right is not only the right in law, but also the right in moral, and the political right also include moral right. Ronald Dworkin's theory of right includes two parts: First, personal right is embodiment from judicature process. Through judicature process of judicature practice, justicer permissive juridical right, and principle questions, moral right is embodiment from judicature process. Second, personal right is embodiment from citizen take equality solicitude and valued right of the government. Equality is the source and end-result of all right. Its also the gist of justness and justice. According to the equality as precondition, guarantee the citizen's right.Through close study of Dworkin's theory, we may conclude that the Middle-class dualism of revolution and reconciliation is perfectly presented and developed in this liberalist legal theory of right throwing a light on better understanding of western philosophy and jurisprudence, while the rational ideas of law and democracy in Dworkin's theory can certainly be evaluated and accorded with China's political and legal practice, as China is also faced with the drastic social transition and endeavors to construct a legal order with the rule of law as its fundamental principle .