Interpretation Of Dworkin's Theory Of The Administration Of Justice

Through many conflicts with conventionalism, pragmatism and extensive utilitarianism, Dworkin, a famous jurist, originally explains 'what is law' with constructive interpretive means. That is, regulations, principles and policies constitute the legal system. The principle, a presentation of describing rights, aims at establishing private rights. The policy, a presentation of describing goals, aims at establishing collective objects. Through analyzing cases, Dworkin denies judicial discretion. He claims the legal system hasn't any leak. Even though legal clauses are vague, judges can stall find the sole accurate answer in all cases by judicial reasoning. During the historic period of promoting Chinese judicial reform, we should critically reflect and learn from Dworkin's judicial theory, which will offer academic reference for our judicial reform.