Ronald Myles Dworkin and His Contribution to Law

Ronald M. Dworkin was a prominent figure and public intellectual of the 21st century who was always in the limelight for his writings and arguments on the on−going issues of the United States and United Kingdom. He was also a renowned and original legal and political philosopher, Jurist and Professor who had the capacity to not only criticize contrary and dominant theories but also to write his own philosophy and defend it against the critique.

Life and Early Career

Ronald Dworkin was born into a Jewish American family and received his early education from a public school owing to personal hardship of his mother. Thereafter, he studied philosophy at Harvard and Law at Harvard and Oxford both as he received a scholarship while being in the school.

He started his career as law clerk to the prominent US Judge Billings Hand and afterwards he rejected the offer of Justice Felix Frankfurter for clerkship and instead joined Sullivan & Cromwell as a practicing associate in New York.

Though he was more interested in the philosophy of law and therefore became the Professor of Law in the University of Yale and New York University and the Professor of Jurisprudence at Oxford. He also delivered lectures at Harvard and Stanford as well on a number of subjects including human values, legal−political−social philosophy and humanities.

Dworkin also won numerous awards in his lifetime for his outstanding and original contributions to legal philosophy, jurisprudence and political scholarly work.

Scholarly Ideals and Critiquee

Dworkin studies philosophy, law and jurisprudence as a student in some of the most well−established schools under the aegis of the eminent theorists and scholars therefore, his intellectual and analytical skills were sharpened from the start and hence he had the ability to challenge the admired personalities in the academics.

Dworkin received his initial fame when he succeeded H.L.A. Hart in the Chair of Oxford and presented a critique of Hart’s masterpiece “The Concept of Law” wherein he demonstrated his theory of positivism. Moreover, Dworkin’s major work is labelled as a response to the established theories of law and philosophy for instance his “Right Based Theory of Law” in the influential work Taking Rights Seriously was considered as an alternative to Hart and John Rawls’ theories and approaches of law.

Law as Rule and Principle

Dworkin distinguished between "rules" and "principles," saying that a legal system cannot be thought of as just an accumulation of rules but must be founded on specific principles since doing so is necessary for justice and assures fairness. Along with that, he disagreed with the positivist viewpoint that morality and law should be kept apart.

Dworkin believed that a theory of law cannot be limited by a legal system of a political entity; instead, it should contain some principles which govern the administration of law in particular circumstances. Moreover, Dworkin’s theory was more of an interpretation thesis as he claimed that law is a constructive and conclusive interpretation of the collective reading of the institutional principles and legal systems.

Thus, he sought to infuse morality in the interpretation and application of law through his Rights based theory as he holds that whenever a question of determination of individual’s rights and liabilities arises, the answer must be right in accordance with legal principles.

Dworkin’s Thesis

The following are the major thesis:

• Taking Rights Seriously

• Law’s Empire

• A Matter of Principle

• Freedom’s Law

Conclusion

Ronald Dworkin was not just a keen scholar of natural theory of law but also a sharp critic of positive theory of law and especially of Hart’s belief of separation of morality and law. Moreover, he was one of those exceptional figures whose work was not just limited to philosophy of law and jurisprudence but also to the practical applications of legal principles and legal issues of US and UK, therefore, he had a wide range of readers across the continents during his lifetime. Further his essays and journals of New York Press were vastly discussed and debated on.

Frequently Asked Questions

Q: Who was Ronald Dworkin?

Ans: Ronald Dworkin was an American philosopher, jurist, and scholar known for his significant contributions to legal philosophy, ethics, and political theory.

Q: What is Ronald Dworkin best known for?

Ans: Dworkin is best known for his theory of law and legal interpretation, particularly his concept of "law as integrity," as well as his discussions on rights, morality, and political philosophy.

Q: Explain Dworkin’s theory of law as integrity.

Ans: Dworkin was an eminent American legal philosopher who not only wrote his own theory of law but also dealt with the nature of law. He contemplated that while administering law, judges must apply principles of morality as law cannot be separated from basic human values which ensures fairness of law and delivers the ultimate objective of justice along with reasoning.

Q: Why was Dworkin known as a Liberal Democrat?

Ans: Dworkin was a born democrat and liberalist as he always defended the rights of individuals against the state and believed that rights are moral and political entitlements of citizens which safeguards their dignity and respect in the social−political order. He also showed a great amount of faith in Roosevelt’s New Deal whom he considered his political mentor.

Q: What is Dworkin's concept of "law as integrity"?

Ans: Dworkin's theory of "law as integrity" asserts that legal principles and rules should be interpreted in a way that maintains a coherent and consistent legal system. It emphasizes the importance of fitting legal decisions with the principles and values that underlie the entire legal system.

Q: How did Dworkin view the role of judges in legal interpretation?

Ans: Dworkin believed that judges should interpret the law by focusing on its underlying principles, values, and purposes rather than just relying on past legal precedents. He argued that judges have a role in shaping the law by applying these principles to new cases.

Q: What is Dworkin's criticism of legal positivism?

Ans: Dworkin critiqued legal positivism, a theory that separates law from morality. He argued that law and morality are intertwined and that judges cannot make decisions without considering moral principles.

Q: What is Dworkin's perspective on rights?

Ans: Dworkin believed in the existence of rights that are derived from underlying moral principles. He argued that these rights should be protected by the legal system and that legal decisions should respect and uphold individual rights.

Q: How did Dworkin contribute to political philosophy?

Ans: Dworkin's political philosophy emphasized the importance of individual rights, equality, and a just distribution of resources. He discussed issues related to democracy, equality, and social justice.

Q: What were some of Dworkin's notable works?

Ans: Dworkin's influential works include "Taking Rights Seriously" (1977), "A Matter of Principle" (1985), and "Law's Empire" (1986). These books delve into his theories on law, rights, and legal interpretation.

Q: How did Dworkin's ideas impact legal and philosophical discourse?

Ans: Dworkin's ideas had a profound impact on legal philosophy and ethics. His theories challenged conventional notions of legal positivism and provided an alternative framework for understanding law's connection to morality and principles.

Q: Was Dworkin associated with any particular schools of thought?

Ans: Dworkin's work often falls within the category of legal interpretivism, which focuses on understanding the moral and normative aspects of legal reasoning. However, his ideas also transcended specific labels and influenced a broad range of philosophical and legal discussions.

Q: What is Dworkin's legacy?

Ans: Ronald Dworkin's legacy lies in his profound influence on legal philosophy, ethics, and political theory. His theories on law, rights, and interpretation continue to shape discussions about the nature of law, the role of judges, and the relationship between law and morality.