The Study And The Deliberation Of Dworkin's Law As Integrity

Dworkin who is the one of the best jurists of the 20 th century believed that,justice is a conception of construct.It is not a static and unchangeable concept,but a dynamic concept that develops continuously through people's interpretation.Therefore,law needs to be explained.In addition,Dworkin emphasized his theory with rights and obligations as the core,believing that the rights of individuals should not be violated by any external,but under extreme conditions can be conditioned by the government to protect the rights.In the process of judicial trial,judges often encounter difficult cases.In the past,the practice of socialism and the law under the influence of pragmatism,the judges tend to resort to personal subjective emotion and knowledge level,excessive expansion of discretion is likely to make complicated details of case is not impartial judgment,thus Dworkin has put forward the principle problem,he believes in difficult complex cases,if the judge had not directly quoted cases the decision rules,shall be based on the principle of determination.Through the guidance of principles,the judge can finally make a correct decision in line with the current situation.As the basis of Dworkin's theory of law,integral law cannot be ignored.First of all,the whole law makes people re-examine the status of law and rights.This is because the mainstream view in the United States at that time still regarded the law as the law created by judges or as nihilistic,while the introduction of the whole law made people pay attention to the consistency between law and rights,which could not be ignored from the past to the present.Secondly,the whole law not only recognizes the consistency of law and right,but also believes that the coercive power of law can produce a more beneficial part of society,that is,the moral principle.Finally,the whole law also believes that laws should be consistent with past political decisions,that is,laws and political principles should be consistent with moral principles.This view that law and morality are closely related makes the whole law detached from conventionalism and legal pragmatism,which adds a heavy touch to the theory.Dworkin's law as integrity regards law and morality as two closely related parts,which also brings a new problem,that is,how to embody the connection between law and morality in the cold legal text.Although there is a close connection between law and morality,the connection is not only reflected in the fact that law is based on morality.On the contrary,law has its own beautiful qualities,and its connection with morality lies in the fact that the beautiful qualities of law itself and the qualities pursued by morality are integrated.In other words,law and morality are not in fact closely related to each other,but they are originally one.This paper will grasp Dworkin's legal theory,explore Dworkin's whole law,and make new thinking by analyzing Dworkin's whole law.The character of the law is put forward on this premise.The moral character of law treats law and morality as a whole,and they are no longer independent individuals.The moral character of the law after the combination of law and morality can play an important role in the theory,system and judicature,and also enlightening the development of the construction of the rule of law in China.