Dworkin and His Critics

Dworkin and His Critics
Author: Justine Burley
Publisher: John Wiley & Sons
Total Pages: 440
Release: 2008-04-15
Genre: Philosophy
ISBN: 1405142871

Dworkin and His Critics provides an in-depth, analyticaldiscussion of Ronald Dworkin's ethical, legal and politicalphilosophical writings, and it includes substantial replies fromDworkin himself. Includes substantial replies by Ronald Dworkin, a comprehensivebibliography of his work, and suggestions for furtherreading. Contributors include Richard Arneson, G. A. Cohen, FrancesKamm, Will Kymlicka, Philippe van Parijs, Eric Rakowski, Joseph Razand Jeremy Waldron. Makes an important contribution to many on-going debates overabortion, euthanasia, the rule of law, distributive justice, grouprights, political obligation, and genetics.

Taking Rights Seriously

Taking Rights Seriously
Author: Ronald Dworkin
Publisher: A&C Black
Total Pages: 457
Release: 2013-10-21
Genre: Philosophy
ISBN: 1780938330

A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.

An Affair of State

An Affair of State
Author: Richard A. Posner
Publisher: Harvard University Press
Total Pages: 290
Release: 2009-07-01
Genre: Political Science
ISBN: 0674042328

President Bill Clinton’s year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran–Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner’s experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton’s impeachment ordeal.

Justice for Hedgehogs

Justice for Hedgehogs
Author: Ronald Dworkin
Publisher: Harvard University Press
Total Pages: 521
Release: 2011-05-03
Genre: Philosophy
ISBN: 0674071964

The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.

Law's Empire

Law's Empire
Author: Ronald Dworkin
Publisher:
Total Pages: 0
Release: 2011-11
Genre: Law
ISBN: 9788175342569

In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.

Freedom's Law

Freedom's Law
Author: Ronald Dworkin
Publisher: OUP Oxford
Total Pages: 438
Release: 1999
Genre: Law
ISBN: 0198265573

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Religion without God

Religion without God
Author: Ronald Dworkin
Publisher: Harvard University Press
Total Pages: 71
Release: 2013-10-01
Genre: Philosophy
ISBN: 0674728041

In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person. Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence. Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.

Dworkin and His Critics

Dworkin and His Critics
Author: Justine Burley
Publisher: Wiley-Blackwell
Total Pages: 440
Release: 2004-10-01
Genre: Philosophy
ISBN: 9780631197652

Dworkin and His Critics provides an in-depth, analytical discussion of Ronald Dworkin's ethical, legal and political philosophical writings, and it includes substantial replies from Dworkin himself. Includes substantial replies by Ronald Dworkin, a comprehensive bibliography of his work, and suggestions for further reading. Contributors include Richard Arneson, G. A. Cohen, Frances Kamm, Will Kymlicka, Philippe van Parijs, Eric Rakowski, Joseph Raz and Jeremy Waldron. Makes an important contribution to many on-going debates over abortion, euthanasia, the rule of law, distributive justice, group rights, political obligation, and genetics.

Stanley Fish on Philosophy, Politics and Law

Stanley Fish on Philosophy, Politics and Law
Author: Michael Robertson
Publisher: Cambridge University Press
Total Pages: 367
Release: 2014-08-07
Genre: Law
ISBN: 1107074746

This book explores Fish's unconventional positions on politics and law, explaining how they flow from his positions on three philosophical issues.

Taking Rights Seriously

Taking Rights Seriously
Author: Ronald Dworkin
Publisher: Harvard University Press
Total Pages: 396
Release: 2018-06-25
Genre: Philosophy
ISBN: 0674237323

What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.