Dworkin Equality Law And Its Enlightenment Thought Law - Ethics

In twentieth Century6、70’s, the United States of America society, whether in class, ethnic or social aspects are suffering. In this social context, it needed a social contradiction theory which can solve the straits. American jurist Dworkin thought that the major cause of the United States of America society turbulent in between individual rights and government powers are inconsistent even confrontation which in the social phenomenon by the way of reflection, therefore, he proposed that using the equality thoughts to reconcile social conflicts.He constructs the equal distribution composed of island auctions and virtual insurance market model which as importance of the principle of equality and the principle of special responsibility the basis, to the equal rights of the abstract theory. Dworkin assumed the existence of an idealized distribution region--Island, on the island, each individual has the same number of resources, through the auction this way, to achieve equal allocation standard--envy test standard, so that people can achieve equality. But to achieve the equality is short, because people will continue to carry out the production and transaction, when the equality is broken, Dworkin envisaged insurance but also began to play a role, through insurance, social wealth can be divided again.The complete equality theory is not only reflected in the economic field, Dworkin also analyzed in the political field and right field. In the political field, Dworkin analyzed and compared on the separation of democracy and dependent democratic values. On the right, Dworkin has been promoting the equal rights of the individual is the root of all other moral rights.Any theory has its merits and defects, Dworkin’s theory of resources equality is presented in the virtual environment, so there are many imperfect places, some scholars have expressed doubts about the theory in different aspects, Dworkin also saw from their criticism in the response. In order to make the equality theory more perfect, he put forward to resource deficit and freedom deficit for the improvement of the theory of comparative scale.Dworkin’s theory is produced in the turbulent period of the United States of America, has its specific historical and social background, and even can be said to be only for the United States of America harmonic scheme. But it is logical and theoretical point of view of equality thought in general, he advocated political equality and equal rights can also fine-tune in China’s national conditions, right of equality ideas can be respectively applied to the construction of rule of law in China’s legislation, judicial and civic awareness training, to promote the construction of the rule of law in our country.