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On the critical legal doctrine Dworkin 's criticism

Author: LiJunZuo
Tutor: ZhangGuangJie
School: Fudan University
Course: Legal Theory
Keywords: Critical Legal Studies(CLS) Ronald Dworkin Critique
CLC: D90
Type: Master's thesis
Year: 2009
Downloads: 207
Quote: 0
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Abstract


Critical Legal Studies(CLS) is one of the important emerging schools of legal theory in contemporary America,which intellectually originates from western Marxism,legal realism and post-modernism.With CLS beginning and developing,a large number of outstanding scholars have risen one after another and in the meantime CLS gradually established independent doctrines and methodology of its own.Ronald Dworkin is one of the most prominent jurists in contemporary America, who academically focuses on the theory of rights based on the equal concern and respect and theory of law as integrity on the theory of principle and constraints on judicial discretion,which is applied to the moral reading of the American constitution. He shows insight into both legal philosophy and legal practice.Upon the striking academic issues such as legal uncertainty,law’s neutrality, ideology and judicial review,CLS and Dworkin hold lots of obviously differing, seriously conflicting views with heated argument,and some CLS leading figures such as Kennedy,Balkin,Gabel,Tushnet and Mackinnon have represented thorough critiques of Dwokin.The CLS critique of Dworkin’s theories can encourage our reflection greatly. The reason for the critique is related to the CLS view of legal liberalism;the critical approaches are characterized by ideological critique and deconstruction;the critique intensively demonstrates historical and academic importance and provides inspiration for Chinese jurisprudence,from which we gain enormous benefit.

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CLC: > Political, legal > Legal > Theory of law (Law)
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