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A Study On Ronald Dworkin’s Theory Of Rights

Posted on:2015-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:R J LiFull Text:PDF
GTID:2296330428499227Subject:Law
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Ronald M. Dworkin said he believed in “natural legal rights”, which suggest that lawand morality must be integrated with each other. Then what are natural legal rights? Howdo them exist? How to regulate them? These questions are the whole-length main threadthroughout Dworkin’s theory.What are natural legal rights, or why does the relationship between law and moralityso important? As we know, jurisprudence is part of political philosophy, which is in turnpart of moral philosophy. The background of political morality is to pursuit the ideal of theequal distribution of resources which ensures that everybody is born equal—Equality ofResources Thesis. Furthermore, the value of legal principles are founded on The Principleof Dignity Thesis—that each human life has a special kind of objective value so thateveryone should respect one another equally and that each person has a specialresponsibility for realizing the success of his own life.How do the natural legal rights exist, or in what way do law and morality influenceeach other? The process of justifying natural legal rights is the process of getting moreand more respecting people’s dignity. During this process, the natural rights areinstitutionalized and formalized, and are finally recognized as legal rights—Right Thesis.How to regulate the natural legal rights, or is there objective truth underlie the law aspolitical morality? The objectivity and truth of law relies on the objectivity and truth ofvalue, which is independent of that of science. When we are justified in thinking that ourarguments for holding a moral judgment true are adequate judgment, that is, when we haveexactly the reasons for thinking we are right in our convictions that we have for thinkingour convictions right, we may say the moral judgment is true. It’s a work always inprogress. We are responsible to interpret various abstract political concepts to the degreethat our various concrete interpretations achieve an overall integrity so that each supportsthe others in a network of value that we embrace authentically—The Unity of Value Thesis. The application of the Unity of Value Thesis in each judicial case is the best interpretationthat both fit and justifies the practice, and this is the single right answer in each case.
Keywords/Search Tags:Ronald M. Dworkin, Rights, Law, Morality, Objective Truth
PDF Full Text Request
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