The Legacy of Ronald Dworkin (1931-2013): A Legal Theory and Methodology for Hedgehogs, Hercules, and One Right Answers

27 Pages Posted: 15 Dec 2014

See all articles by Imer B. Flores

Imer B. Flores

Instituto de Investigaciones Juridicas, Universidad Nacional Autonoma de Mexico (UNAM)

Date Written: December 14, 2014

Abstract

In this paper the author addresses Ronald Dworkin’s work and assesses his legacy to legal, moral and political philosophy. And so, considers among its merits having developed an original legal theory with its distinctive methodology, which not only has transcended the Natural Law and Legal Positivism dichotomy, but also has reintegrated law into a branch of political morality and defended as a corollary the one right answer thesis. Hence, commences by identifying the dworkininan challenge; continues by introducing some basic definitions and distinctions between jurisprudence, legal philosophy (or philosophy of law) and legal theory (or theory of law), on the one hand, and its relationship to methodology, on the other hand; later by pointing out the main methodologies available to legal theories, following the distinctions between descriptive and prescriptive or normative, on one side, and, general and particular, on the other; then by revisiting Dworkin’s model, which he characterizes as constructive, interpretive (and even argumentative), evaluative and integrative; and, concludes by reconsidering in this light the one right answer thesis.

Keywords: Legal Theory and Methodology, Argumentative, Constructive, Evaluative, Integrative, and Interpretive, One Right Answer Thesis, Ronald Dworkin

Suggested Citation

Flores, Imer B., The Legacy of Ronald Dworkin (1931-2013): A Legal Theory and Methodology for Hedgehogs, Hercules, and One Right Answers (December 14, 2014). Available at SSRN: https://ssrn.com/abstract=2538310

Imer B. Flores (Contact Author)

Instituto de Investigaciones Juridicas, Universidad Nacional Autonoma de Mexico (UNAM) ( email )

Circuito Maestro Mario de la Cueva s/n,
Cd. Universitaria
Mexico City, D.F. 04510
Mexico
525556227474x1304 (Phone)
525556652193 (Fax)

HOME PAGE: http://www.juridicas.unam.mx/invest/directorio/investigador.htm?p=imer

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