Ebook Law's Empire
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Law's Empire
Ebook Law's Empire
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With the incisiveness and lucid style for which he is renowned, Ronald Dworkin has written a masterful explanation of how the Anglo-American legal system works and on what principles it is grounded. Law’s Empire is a full-length presentation of his theory of law that will be studied and debated―by scholars and theorists, by lawyers and judges, by students and political activists―for years to come.Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is―in literature as well as in law―and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
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Product details
Paperback: 470 pages
Publisher: Belknap Press of Harvard University Press; 1st edition (January 1, 1986)
Language: English
ISBN-10: 0674518365
ISBN-13: 978-0674518360
Product Dimensions:
6.1 x 1 x 9.2 inches
Shipping Weight: 1.2 pounds (View shipping rates and policies)
Average Customer Review:
4.4 out of 5 stars
8 customer reviews
Amazon Best Sellers Rank:
#61,424 in Books (See Top 100 in Books)
Must read.
I needed to get this book in my hands rapidly. You fulfilled all my hopes completely!
The great book of legal philosophy in the 20th century was Hart's "The Concept of Law," but I would put this book at number two. It is beautifully written and meticulously worked out. There is much to learn from this book about the law and about how to think creatively about any subject!
CAME ON TIME. GOT THIS FOR MY DAD. I AM SURE HE WILL ENJOY IT! I WILL BE READING IT NEXT LOL
Ronald Dworkin is one of the most prominent law philosophers in the common law tradition. Known both in America and Britain for his strong democratic positions, baptized by Duncan Kennedy `orthodox centrism', Dworkin is an acid critic of the paradigms of the contemporaneous jurisprudence. Teaching law both in London and New York, the author unites the best of the old and the new world's linguistic and philosophical theories. He is well aware of the main `external' influences of law studies, such as the linguistics of Wittgenstein, the utilitarianism of Austin and Bentham, the categorical imperative of Kant, the dialectical approach of Habermas, and many more epistemic precursors of the modern law science. And from the legal benches he invites to debate scholars as Hart, Nozick, Rawls, etc. This book follows his theoretical controversies initiated in A Matter of Principle and Taking Rights Seriously. Dworkin has the `humble' objective of deconstructing the base of the legal theory, forging a new conception of law itself. Facing the legal positivism creed (as in Kelsen) with the skeptical panorama (legal realism as in Holmes), this author proposes a third way of law interpretation with he calls `law as integrity'. Integrity conception of law is inspirited in the third motto of the French Revolution: `fraternity'. Law is seen as a product of a `community of principles', as in the roman adage ubi societas ubi jus. For him any interpretation of the law, the common law or the Constitution must be impregnated with the will of integrity, noted as a commitment with the political morals of a given society in a given time. He sees the Constitution as the repository of the three biggest law principles: adjective due process, fairness and justice. His works (as all things in life) owes applauses and reproves. Its strong points are the impact of his critics, surely shaking the base of the `obvious arguments' of law. Ancient myths as objectiveness and law fidelity of the judge had been collapsed. Notwithstanding the foregoing, what he calls a new proposal - `law as integrity' - is an old hermeneutic method of the jurist from the Romanist systems (as in Brazil, where I come from). Law interpretation grounded in principles is a well-known method in other juridical, non-utilitarian practices. Long ago a Portuguese scholar named Canotilho constructed a method in which the mining (or creating) of the legal rule to a concrete situation is done in the light of the Constitution and its basic political principles, such as: equality, liberty, morality, good faith, inter alia. This kind of `principiologic' conception perhaps came from a tradition in which law and justice were reputed as equals, and principles were expressions of natural rights given by god or breed in reason. Nevertheless, I am not trying to underestimate the Herculean (to use a metaphor from his book) work of Professor Dworkin, his bridges between the opposite notions - legal rule and precedents, conventionalism and skepticism, objectivity and subjectivity - are themselves diligent analysis of the law phenomena. I can also say - with no fear of overstating - he is an untamable critic and an intransigent adversary of any kind of academic (or even pragmatic) hypocrisy in law.
the item came as described by the seller! i needed it for my class the following week and thankfully got it in time! fast shipping! excellent seller!
This book would have been fine had it been published 20 years ago before the saturation of critical theory. Now it just feels like a wounded discourse from someone who went to grad school in the 60's.
Friends from Amazon,A enjoy very much buying items with you guys. You have a long catalog, and deliver items quickly.It happened with all the recent items i've bought.But with the book Law's Empire, the person who has delivered it here in my building did not hand it to the doorman. The book was thrown through the gate and was found on the floor.I mean, the book is ok, it is not damaged, but it was a weird way to deliver.Thank you for your attention.Antonio Cabral from Brazil
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