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p. 493. Dworkin: the moral integrity of lawlocked

  • Raymond Wacks

Abstract

Ronald Dworkin was legal positivism's most tenacious critic. ‘Dworkin: the moral integrity of law’ shows that Dworkin's theory includes not only a stimulating account of law and the legal system, but also an analysis of the place of morals in law, the importance of individual rights, and the nature of the judicial function. Dworkin argues that, when faced with a difficult case to which no statute or previous decision applies, a judge does not make law, but rather interprets what is already part of the legal materials. For Dworkin, law consists not merely of rules, but includes non-rule standards — principles and policies. Deciding what the law is depends inescapably on moral-political considerations.

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