Theories Of Dworkin's Legal Principles

Dworkin's Theory of Legal Principle and Thesis of Rights are two main important parts of his legal philosophy. Although with innovative ideas and important theoretical and practical meaning, Dworkin's Theory of Legal Principle is embedded deeply in his Rights Thesis and liable to be ignorant usually. Thus the thesis aims at general analysis and description of his legal principle theory in general.The introduction tells a brief story of Dworkin's academic background and gives a short discussion about studies made on his legal principle theory by the Chinese scholars till now, and indicates that a study on his legal theory is of significant importance. This part also defines the purpose, fields and method of interpretation of the thesis.Chapter one makes efforts to present a whole explanation of the Legal Principle Theory of Dworkin. After discussing the theory's history and Dworkin's definition of the theory in detail, it explores his idea on the relationships between legal principle and rules, policies and democracy. And it also argues that the function of legal principle is an important part of his theory, in which Dworkin's interpretation of "legalization" of political issues and the proof of legitimate of law by legal theory are worth mentioning. Chapter two illustrates the principle system generally with emphasis on those principles relevant to The Principle of Integrity, together with which thePrinciple of Rights acts as the core of the principle theory. While advocating individual rights, Dworkin presents conceptions of the independent right of morality and the right of treatment and respect as an equal.The last chapter makes a short and brief comment on his Theory of Legal Principle. But the comment mainly focuses on the theory and dose not go so far. It includes the theory's social backgrounds, the role of legal principle theory performed in Dworkin's legal philosophy and a brief review of the legal principle theory. While analyzing possible embarrassment of the Theory of Legal Principle, it discloses the theory's grounds of liberalism and prerequisite of human reason, and the characteristics of humanity and fraternity. In the end, it concludes that law, without justice and love, without respect and concern of man, is not our law.