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Law's Empire (Paperback)
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Law's Empire (Paperback)
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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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