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Research On The Formation And Development Of The Theory Of Law As Integrity Of Ronald Dworkin

Posted on:2017-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:L L ZhangFull Text:PDF
GTID:2346330503990306Subject:Law
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Ronald Dworkin is one of the famous American jurists, He wrote a lot in his life,leaving a lot of Theoretical Heritage. The Second World War raised a lot of people's concern about the relationship between law and morality and it had a great influence on the law theoretical circles, which was the theoretical basis of Dworkin. His Personal rights theory,Liberal equality view,Political moral theory and the theory of Law as Integrity mostly originated from this. Especially the theory of Law as Integrity is a very important part of his legal theory,which It is very important to understand his whole theory system and is his important exposition of the combination of legal theory and judicial practice.Most of his theories reflect the law of "integrity" characteristics, among which confirm each other, understanding these theories for the study of contemporary American legal system is very helpful.The first chapter mainly introduces the social background of the theory of Law as Integrity of Dworkin.The second chapter discusses Dworkin's ideological system formed in the process of continuous debate and spawned a whole legal thought, and the whole thought system carried out the relationship between law and morality.The third chapter discusses the theory and practice of Dworkin thoughts of law as integrity, how to carry out the judicial practice in the theory of legal interpretation and the value conflict facing how to choose.Dworkin has always insisted on morality into law point of view, almost all of his theories are a reflection of this, which carry out its theoretical system context, this is also a lot of people will be classified as one of the causes of the natural law school. In fact,Dworkin himself thought source of originality, beginning his theory often stems from realistic thinking on judicial issues and resolution, but its philosophical thinking and makes his theory too idealistic. In this paper, the whole legal thought as the starting point,analysis of its theoretical background, development and significance for understanding the Dworkin system. the whole legal thought is the deepening stage of legal ideology, and morality into law this line makes the law of "integrity" is possible, but overall, too ideal.
Keywords/Search Tags:Ronald·Dworkin, Interpretive theory of Law, Law as Integrity
PDF Full Text Request
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