A Study Of Formalism In Dworkin’s Jurisprudence

Ronald Myles Dworkin is one of the most influential persons on Common law. Hisjurisprudence has great influence among the Jurists. But few people study on formalism inhis jurisprudence. There is no doubt that Dworkin is a legal formalist.! By rethinking theopen texture, he puts brings the principle into the legal system. In his opinion, judges caninterpret the law as integrity. Dworkin respects concept of resource equality and conceivesprocedural requirements, guaranteeing that equality can be achieved. Partnership theory ofdemocracy is put forward on the basis of opposing majority decision, and he thinks thattrue democracy can be derived by debating based on common ground.Formalism in Dworkin’s jurisprudence formalizes justice and legal rights. Inparticular, the judicial formalism is of great significance to our legal construction. For along time, we criticize the formalism; however, pursuing the form is the most basicprinciple of legal construction. Now, the judicial reform has tendency of anti-formalism. Ithink we can reexamine legal formalism by studying formalism in Dworkin’sjurisprudence, in order to better improve legal construction.