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The Mandate of Dignity - Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice (Paperback)
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The Mandate of Dignity - Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice (Paperback)
Series: Just Ideas
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A major American legal thinker, the late Ronald Dworkin also helped
shape new dispensations in the Global South. In South Africa, in
particular, his work has been fiercely debated in the context of
one of the world's most progressive constitutions. Despite
Dworkin's discomfort with that document's enshrinement of
"socioeconomic rights," his work enables an important defense of a
jurisprudence premised on justice, rather than on legitimacy.
Beginning with a critical overview of Dworkin's work culminating in
his two principles of dignity, Cornell and Friedman turn to Kant
and Hegel for an approach better able to ground the principles of
dignity Dworkin advocates. Framed thus, Dworkin's challenge to
legal positivism enables a theory of constitutional revolution in
which existing legal structures are transformatively revalued
according to ethical mandates. By founding law on dignity, Dworkin
begins to articulate an ethical jurisprudence responsive to the
lived experience of injustice. This book, then, articulates a
revolutionary constitutionalism crucial to the struggle for
decolonization.
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