Font Size: a A A

R. Dworkin Theory Of Rights

Posted on:2011-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:J HeFull Text:PDF
GTID:2206360302499507Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the 1960s and 1970s, American appeared in a series of social problems. To solve these problems, American famous jurist Ronald·Dworkin proposed a set of rights theory. The Critical object is Utilitarianism law and Legal positivism. The article is in order to emphasize the importance of personal standard values. The article pointed out that the emphasis on individual rights is the fundamental social sustainable development. And requested the Government should be equal treatment and respect for each person. The rights to put forward the theory of law not only for the development of the reference itself, but also pointed out the direction of American society.In comparison, China is undergoing social transition at present, rule of law needs to be improved. The phenomenon of the current outstanding is:Because of the impact of social, standard Long-term lack of emphasis on individual rights, inequalities in common and social conflicts have become increasingly prominent. This is extremely detrimental to building a harmonious society in China. Therefore, the reference Dworkin rights theory has great significance for our country. It can help us to construct of the Theory of Rights for ourselves, to arouse the whole society on the rights of the individual concern and attention, and to maximize the legal equality.The first part introduces Dworkin theoretical background of the times right and theoretical sources. Through which not only gain a deeper understanding of the content of the theory, and can better understand their important research value and practical significance. The second part described in detail the content of the theory of rights. In this part, the paper is mainly introduces the theory of specific elements and the core point of view and to pave the way for theoretical analysis after the text. In the third, fourth part is the focus of this paper is the innovation of the article. The third part is to evaluate the theory on the right Dworkin. In this part, Author makes the evaluation though a unique perspective and objective and rational. For one thing, rights theory has positive effects, for another thing, it also with doubt. So we can have a more comprehensive understanding of rights theory. The last part, the article combine the social reality in our country, to express their views and recommendations.In China, we urgent need to build a theory of their rights. The theory in order to recognize the priority of individual rights based on and to achieve the goal of equal rights. The last but the most important, the rights theory of Dworkin give us an opportunity to promote the development of China's Law and to contribute for China's social modernization.
Keywords/Search Tags:Rights Theory, Individual rights, Utilitarianism law, Equality
PDF Full Text Request
Related items