A Study On The Traditional Judicial Method Of Dworkin

The concept of "the law as integrity" was first put forward in The Empire Of Law in 1968, points out that the concept of "the law as integrity" contains integrity legislation and justice, and he wanted to focus on the latter, in his reflections on the theory status,he more firmly believed that positivism set of law and jurisprudence of realism because of its theoretical defects cannot provide legal source of legitimacy. The legal real legitimacy comes from the American society of political virtue and justice of faith, and that the legal interpretation is the source of law itself, on this basis, he thought as a carrier of the political ethics and civil rights, legal principles must become the legal basis of the judge trial.Dworkin’s holistic judicial method is not only the reflection of following prcedent principles. It is about how to solve difficult cases, and apply the legal principles in the process of trial, involving the analysis of the case, comparing different types of cases, case judgment value orientation, legal principle of refining, and many other steps. This corresponds to Dworkin’s law interpretation theory. After the judge making decision, asked the judge to melt coherent holistic judicial method and the parties rights criterion for further examine the verdict, this phase and corresponding legal interpretation theory of interpretation stage. So when the judge makes a method using the integrity of the judicial judgment, at the same time also finished a legal creative interpretation, contributing to the perfect legal system.Dworkin’s legal theory put forward by the start of questioning and criticism from the social from all walks of life, the main focus of controversy is ambiguity of the legal principles and its ambiguous relationship with moral, some scholars believe that Dworkin’s legal theory is the essence of moral factors to should be brought into the law, it ignores the rule of law, has shaken the authority of the law. We must admit that the integrity of the judicial method has some defects, we need further research and discussion.