The "policy" In The Theory Of Law Philosophy Dworkin

Dworkin was deeply influenced by the western liberal education, and actively participate in the practice of the common law. In the process of critique of the conventionalism and pragmatism, he put forward Examination on Dworkin’s Interpretive Theory of Law as Integrity in the nineteen sixties. First, the law is a kind of explanation. Dworkin argued that the legislators and judges should use constructive interpretation to realize legal integrity, which can be divided into three stages, before the interpretation stage,interpretation stage and later stage of interpretation. As the interpreters interpretating law inevitably with the belief of theirs, the key to ensure objectivity of construction interpretation is that the nature of interpretation restrains judges’ interpretation. Secondly, Dworkin’s law as integrity is expressed by theory of interpretations. Political integrity is the source of the law as integrity. The law as integrity includes legislative integrity principle of law and trial of integrative law. The law as integrity is the core of the protection of individual rights. The law as integrity is intended to achieve a moral community."Policy" is such a goal which is made to achieve the certain social economic, political or social problems improvement. The goal of "Policy" is the pursuit of the whole social common interests, but wealth and efficiency are not independent value of law."Policy" was born with the characteristics of pragmatism, but pragmatism was subject to numerous restrictions.In the process of critique of the Legal positivism,"Policy" plays the role to breakthrough Hart’s of rules by the fact of its own existence.People have to admit remarkable difference between "Policy" and "Rules", and admit that the "Policy" is an independent existence. In the process of critique of the Legal Pragmatism,"Policy" is attacked as the legal pragmatism target.Dworkin believed the existence of a space, which can make the value of symbiosis. Dworkin argued that it was necessary to conduct moral interpretation of the constitution. In the face of difficult cases, judges, lawyers and other legal staff should interpret the law with Legislator’s belief in order to realize the legal justice. Dworkin has always paid attention to the politics of law factors, he believed that moral has political connotation. Political value is the overall, while legitimacy is the political value. Dworkin successfully linked politics and morality together with the legitimacy. In Dworkin’s mind, Dworkin finally hoped to close to political value integrity through the legitimacy to infinite, and then to ultimately achieve the perfect law as integrity. Dworkin endorsed the Liberal equality view."Policy" is not one of the three elements of the law. Dworkin’s legal definition for the three elements is itself a misunderstanding."Policy" enhances legal on the functional integrity.Liberal equality view is the foundation of the realization of "Policy" theory. Equality of resources allocation and compensation scheme is the economic basis of the realization of "Policy" theory. The system of constitutionalism is system foundation of the realization of "Policy" theory. Through the choice of legislators, protocol, test, modify, social effect and so on,"Policy" is eventually developed. A good "Policy" can make good effect on Justice, law enforcement, law enforcement and other aspects of the law. The special nature of "Policy" also determines of "Policy" has many major differences with other elements of the law in practice. First of all, comparing with the "Principles", they are different in the method of objective, provides the content, the survival time, a recession mode, stability, and moral relations, mode of action and the status of judicial decisions has a significantly different. Second, comparing with the "rules","they are different in the application form, weight and survival time in degree of certainty.