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The Observe of Dworkin’s Legal Thought of the Rights Theory

Author: LiuWei
Tutor: TaoLin；CuiYanQiang
School: Southwest China Normal
Course: Foreign Philosophy
Keywords: Dworkin rights theory principle liberty and justice elaborate mode whole legal view
CLC: D909
Type: Master's thesis
Year: 2005
Downloads: 351
Quote: 1
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Abstract


Ronald Dworkin is one of the most famous and influential jurists of modern America. Dworkin was born in 1931, and graduated from the Law School of Harvard University in 1957. Then he entered the Supreme Court and became the judge Learned Hand’s assistant, and later he worked as a lawyer. He had taught as a legal thinker in Yale University, New York University and Cornell University since 1962. In 1969, he was invited to be the jurisprudence professor of Oxford University, and now he is the Law professor of Oxford University and New York University. In May of 2002, Dworkin visited Tsinghua University, Fudan University and Zhejiang University, and gave his excellent lectures during his visit. His mainworks such as ’Taking Rights Seriously’ and ’Law’s Empire’ affected all the western jurisprudence research deeply. The prominent characters of Dworkin’s law theory are that his theory ties closely with American’s important politics, laws and policies. Through analyzing, he explained his own opinion on law. His explanations about the relations between law and moral., law and policy, and the interpretation of judicial course etc. are all profound.This thesis mainly discusses Dworkin’s legal thought of the rights theory and falls into three parts. Part one mainly presents the historical background and the theory prerequisites of Dworkin’s legal thought of the rights theory. Part two discusses his legal thought of the rights theory, which consists of the theses of rights principles, the relation between liberty and justice, the constructive and elaborate mode of law, the whole legal view and so on. Part three gives some advices about how to combine Dworkin’s legal thought of the rights theory with the construction of law in China, and expects to do something to accelerate the procedure of law construction of China.

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