On Dworkin's Concept Of Rule Of Law

As a famous contemporary legal philosopher and thinker,Dworkin's theory is broad and profound.However,the current research on Dworkin's philosophy of law has focused on the theory of rights,the theory of legal interpretation,the concept of equality,the only correct answer,and so on.This paper starts with the basis of Dworkin's concept of rule of law: the theory of legal interpretation,the moral basis of law and the principle of law,and discusses the concept of rule of law by Dworkin.The "trilogy" of Dworkin's concept of rule of law is the concept of law(the beginning of construction),legality(the intermediary of construction),and the concept of rule of law(the completion of construction).After the completion of the construction,Dworkin's concept of rule of law emerges,that is,the integrity of the concept of the rule of law.Integrity is attitude,right is the core,political equality and human dignity is ultimate values.Tamanaha,Waldron,Dyzenhaus and Zhuang shitong's interpretation of Dworkin's concept of the rule of law,which is too one-sided.Therefore,this paper attempts to interpret Dworkin's concept of rule of law: from the perspective of methodology,Dworkin's concept of the rule of law belongs to the explanation from the view of rule of law;from the value perspective,Dworkin's concept of the rule of law belongs to the liberal view of rule of law;from the content point of view,Dworkin's concept of the rule of law belongs to the integrity right view of rule of law.Professor Chen Jinzhao and Professor Fan Jinxue about the "rule of law is against interpretation" proposition debate even domestic scholars form the concept of the rule of law and essence of the concept of the rule of law debate is legal positivism represented by Hart and Dworkin as the representative of the new natural law school of law and morality are necessarily related "and the extension of the debate this proposition the.Dworkin's concept of rule of law has been criticized by various scholars,we carefully examine and find Legal Positivism's critique to Dworkin is from methodology level,Legal Pragmatism's critique to Dworkin is from the theory of knowledge,and Critical Legal Studies' critique to Dworkin is fromvalue theory level.This article from two aspects to reflect Dworkin's concept of the rule of law: first,from the external view to examine Dworkin's concept of the rule of law,it is too idealistic and therefore there is no operability.;second,from the internal view to examine Dworkin's concept of the rule of law,namely from Dworkin's theory of legal interpretation analyzing,it can be found that his "right answer"argumentation approach has been demonstrated in "the Munchhausen dilemma".In this paper,we can draw lessons from two aspects of Dworkin's concept of rule of law in the context of China: first,the rule of law should be based on morality;second,the rule of law should take the rights as the core.