Dworkin "only One Correct Answer" Legal Thought Research

In the history of Western legal thought,"The only correct answer"has a long history., Dworkin is the most important representatives of this theory in the twentieth century. This is a highly controversial proposition. Legal realism, criticism of Law and a variety of the opposite view of scholars around this point a fierce debate.The only correct answer is not only a legal issue, but also a manifestation of the crisis of legitimacy in the legal field. This article aims to analyze the meaning and demonstration of Dworkin about "the only correct answer" legal thinking, opponents questioned Dworkin’s response, and try to re-define and elaborate the proposition of "the only correct answer". The main content of the article is divided into three chapters.The first chapter discusses the basic theory of "the only correct answer connotation, especially Dworkin argument. Dworkin believes that all cases have the only correct answer, the correct answer should be decided by the legal factors. Also, when a legal problem in more than one answer, there is always an answer better than any other answer, or that there is always an answer is the best.Dworkin in three main areas to make the argument.Against Hart’s view,Dworkin believes that the law in addition to still exist outside the rules of the principles, rules can not effectively apply to the case, the judge, in principle, for each judge to provide a basis. Dworkin difficult cases only correct answer is not only should the level of existence, but also exists in the real natural level.In the book named matter of principle, he detailed analysis the difficult cases in logic and in fact why the only correct answer.As to further explore this proposition, Dworkin’s view about the only correct answer change and deepen in a certain extent,he believes that the judge should accept the legal concept of holistic interpretation, to find the political structure of society, the most reasonable interpretation of the moral rights to the referee difficult cases.Chapter Ⅱ summarized the points which questioned the legal point of only correct answer and the reasons. Dworkin believes that a variety of legal value is comparable in a certain extent, with a certain method.External awareness of the law, Dworkin, mainly through the internal point of view of the law to refute, he thinks to treat only the correct answer to this problem should be from a legal point of departure, and legal factors rather than to study the use of non-legal factorsproblem of legal certainty.In the third chapter, by discussing the similarities between Dworkin and opponents,i try to redefine and elaborate the legal thinking of "the only correct answer". Dworkin and opponents of the fundamental issue is consistent with the dispute, between them is only the path selection problem, rather than on the uncertainty.Difficult cases fall into two categories, difficult cases on procedural law and on substantive law, the program difficult cases are generally based on insufficient evidence, to recognize the error and the loss of procedural rights, but procedural in nature can be addressed by the procedural law. Difficult cases on the meaning of the substantive law is the difficult cases which Dworkin focuses on.This paper argues that the only correct answer lies in between facts and norms, the more accurate answer is a structure of uncertainty, and the answer come from any specific lega logic or structure is the only correct answer. And a matter of principle can not agree, you can set aside the principle of theoretical issues to the formation of the only correct answer in order to reach an agreement on the specific outcome of the case.