Last Reviewed on June 19, 2019, by eNotes Editorial. Word Count: 146
Ronald Dworkin's Taking Rights Seriously is a robust set of essays which collectively promote a liberal theory of the law. Against the philosophical doctrine of utilitarianism, Dworkin argues that individuals have rights against the state in the absence of those rights being explicitly stated anywhere in a constitution.
While this implication is somewhat shrouded in his lengthy tome, Dworkin contends that, though law is interpretation, there is one right decision. To ensure that the legal system allows this correct decision to surface, Dworkin argues that hard cases (i.e., those with unclear or inapplicable legal precedent) should be decided on the grounds of moral political principles.
Law is, necessarily, interpretation, and Dworkin notes that disagreements in interpretations of the law are rampant. Dworkin seeks truth in interpretation and, in so doing, argues that individuals should have basic rights that are not expressly stated in the law.
Last Updated on May 5, 2015, by eNotes Editorial. Word Count: 295
Taking Rights Seriously is a collection of thirteen essays written by Ronald Dworkin, two that were new and eleven originally published between 1966 and 1976. At the time the essays were written, legal positivism and utilitarianism were considered to be the two dominant schools of Anglo-American jurisprudence, but Dworkin attracted a great deal of attention by proposing a liberal alternative based on natural law and individual rights. In most ways, his ideas agreed with those found in John Rawls’s famous book A Theory of Justice (1971). This was a period of great political and legal controversy, with many of the controversial issues involving general principles of equality and liberty. The U.S. Supreme Court, for instance, was ruling on important matters such as the legality of abortions, affirmative action for disadvantaged groups, and the use of busing for school desegregation. The Court’s majority was usually upholding liberal positions, but it was also stimulating a strong conservative reaction. As both a lawyer and a philosopher, Dworkin was passionately committed to a liberal, left-of-center point of view. His goal was to develop systematic theories of jurisprudence and ethics relevant to the analysis of specific issues, and his intended audience included philosophers, lawyers, and the general reading public.
Because Taking Rights Seriously is a collection of essays, each chapter can be approached as an independent unit and the chapters need not be read in the order in which they appear. Some of the essays were written primarily for academic philosophers, and others were written for a broader public in The New York Review of Books. Several of the essays deal with abstract principles of jurisprudence, and others apply these principles in analyzing particular issues of policy, such as the moral justification of giving preferences to racial minorities and women.
Last Updated on May 5, 2015, by eNotes Editorial. Word Count: 376
In the introduction, Dworkin explains that his major purpose is to define and defend “a liberal theory of law” that is based on individual rights, and he rejects two alternative models, legal positivism and utilitarianism. According to his analysis, legal positivism holds that law is a “duty-based” system of rules, and it recognizes only those personal rights established by authoritative political institutions. He considers Herbert Hart’s Concept of Law as the best example of this perspective. Dworkin understands utilitarianism as primarily a “goal-based” system in which individual rights are considered subordinate to maximizing the aggregate happiness of the majority.
In his refutation of legal...
(The entire section contains 2660 words.)
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