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Justice in Robes (Paperback)
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Justice in Robes (Paperback)
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How should a judge's moral convictions bear on his judgments about
what the law is? Lawyers, sociologists, philosophers, politicians,
and judges all have answers to that question: these range from
"nothing" to "everything." In Justice in Robes, Ronald Dworkin
argues that the question is much more complex than it has often
been taken to be and charts a variety of dimensions-semantic,
jurisprudential, and doctrinal-in which law and morals are
undoubtedly interwoven. He restates and summarizes his own widely
discussed account of these connections, which emphasizes the
sovereign importance of moral principle in legal and constitutional
interpretation, and then reviews and criticizes the most
influential rival theories to his own. He argues that pragmatism is
empty as a theory of law, that value pluralism misunderstands the
nature of moral concepts, that constitutional originalism reflects
an impoverished view of the role of a constitution in a democratic
society, and that contemporary legal positivism is based on a
mistaken semantic theory and an erroneous account of the nature of
authority. In the course of that critical study he discusses the
work of many of the most influential lawyers and philosophers of
the era, including Isaiah Berlin, Richard Posner, Cass Sunstein,
Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays
and original chapters is a model of lucid, logical, and impassioned
reasoning that will advance the crucially important debate about
the roles of justice in law.
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