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The Dworkin Rights Theory Research

Posted on:2011-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:W PengFull Text:PDF
GTID:2166360308958156Subject:Constitution and Administrative Law
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Ronald. Dworkin (R.. Dworkin, 1931 -) is a contemporary philosopher of American Law, graduated form Harvard University in 1957, did the U.S. Supreme Court Justice Hand (Learned.Hand) clerks, and thereafter engaged in legal profession Began in1962.has taught at Yale ,Oaford and Harvard universities, majors of works includeing "Taking rights seriously" (1977), "A principles of problem" (1985), "Law's Empire " (1986) and "Freedom's lawl : The Moral Interpretation of the United States Constitution "(1996) and some papers.The basic spirit of these works is the same, including later on the response to different views of some scholars, is the law of his own philosophy of holistic writing. In the same spirit of law on the basic philosophy of the core of what he calls his"right thesis", that right is the so-called rights of the individual. And distinguish two types of abstract rights, equal treatment for equal rights and equal treatment of individuals subject to the right.This article is based on two main aspects of the background, one of the common law system of religious belief, political philosophy, moral values and legal philosophy and other social and cultural systems. Second, the United States quickly, wavering social and political change. Reason is that an objective analysis of Dworkin premise of the theory of rights, and also on the traditional common law Dworkin in Law Jurisprudence and critical discussion of utilitarianism, especially Hart (HLHart) New Analysis of Law, His theory constitutes an important part of the right, in order to do further analysis shows the nature of Dworkin rights theory and the description of United States law blueprint. Paper is divided into five parts, the first part of the introduction, the second part elaborates the theory of rights Dworkin Background and theoretical foundation, the third part of the construction of elaborate theory of rights, rights of the fourth part of the elaborate theory of comparative research, Finally, right at the end of the section summarizes Dworkin theory and Chinese scholars have a better understanding of the positive effects.
Keywords/Search Tags:theory of rights, the new nature law, legal positivism, utilitarianism
PDF Full Text Request
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