Reconstructing Legal Theory

Document Type

Book Review

Publication Date

Fall 1987

ISSN

1088-4963

Publisher

Wiley

Language

en-US

Abstract

Dworkin's new book provides a comprehensive argument for his important and provocative view, which is more systematically developed than before. Although much in it is anticipated by his previous publications, a great deal is new and many elements have been recast. The innovative nature of Dworkin's work can now be more fully appreciated and appraised. Neither Dworkin's theory of "law as integrity" nor its designated rivals "pragmatism" and "conventionalism" will be found on the standard charts of jurisprudence. In fact, Dworkin seems to reinterpret not only the theoretical alternatives but the enterprise of legal philosophy itself. This article will focus on the more general aspects of Dworkin's position, especially those that concern the fundamental nature of legal theory and of law and their relations to morality.

Comments

Reviewing Ronald Dworkin, Law's Empire (1986).

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