Dworkin's Preference Of Legal Philosophy: Introducing Philosophical Hermeneutics Into Jurisprudence

Dworkin's thoughts of legal philosophy in which scholars have different interpretations are very rich, this paper argues that Dworkin's preference of legal philosophy can be summed up into one word:introducing philosophical hermeneutics into jurisprudence, which has brought about his unique view of law:law is an interpretive concept.According to interpretive view of law:law is not a thing of yardstick which is called by semantic theories of law,meeting some fixed semantic rules;it is not mechanization continues of previous political activities of which is thought by conventionalism;it is also not arbitrary rhetoric which is a maid of the future social interests in pragmatism's mind;it is an interpretive concept. Interpretive view of law was the reactionary of legal positivism and legal pragmatism which prevailed in the United States at that time, aimed to overcome defects of legal positivism's one-sidedness and machinery,and legal pragmatism's arbitrariness.Its uniqueness is: it requires judges to place themself among the law(internal perspectives on law),have a thorough reflective and dialectical (interpretation and integrity), rather than simple external descriptive and analytical attitude to the law, and all the factors influencing the legal referee shall be comprehensively considered for.It aimed to solve theoretical disputes on legal philosophy, requires us to ponder earnestly substantial basis of law ,which is law's concept itself should have ,its profound political moral base. The law is not simple rule, which is our hopes of political ideal——the social and moral goals that we should enjoy, it carries the good idea about what kind of person we want to be.So, the law is law as integrity in line with interpretive view of law.Interpretive view of law that Dworkin proposed presumed the law as a closed and perfect system, denied enjoying of discretion of judges in judicial process,"the principle legislation concerning"on which it depended essentially utilized a broad concepts (principle) to make up for the judicial legal loophole.If we say that it is too optimistic,its demand to judges on interpretive view of law of Hercules is too idealized.But, we can not deny positive meaning of the theory, in some extent,it has overcome defects of legal positivism's one-sidedness,legal conventionalism's machinery and legal pragmatism's arbitrariness at least, has respect the law and also has taken care of its nature——humanity, implemented his position: taking rights serilusly. For the problem of"what is law", although the concrete and definite answer was not given in Dworkin's book , he confidently said: on this issue,his answer had to points. Because he was searching for the answer to "what is law" from the beginning to end.As he finally emphasized that he had not designed a set of rules for the court's courtrooms, then the right referee can be concluded after the specific facts and law being set into it. Hercules who was a imaginary person from Dworkin with superhuman ability revealed the structure which hided in their judgment, which can be publicly researched and criticized by people then. All this just is the centralized embodiment of Dworkin's preference of legal philosophy.This paper can be mainly divided into three sections: the first section is the preparatory knowledge for studying of Dworkin's thoughts of legal philosophy, it includes the discrimination of the meaning of "interpretation" and the brief introduction on philosophical hermeneutics as a kind of unique humanistic scientific methodology; the second part is the subject,it introduces the context of Dworkin's interpretive view of law at first, then recounts the profound connotation of Dworkin's interpretive view of law——law as integrity; the third most is the evaluation on Dworkin's thoughts of legal philosophy: it is the idealistic thought with real concern and ultimate goal. Finally the conclusion of this paper is: the default from Dworkin's interpretive view of law——law as integrity to law is too perfect, they requirements for judges are too harsh,but his preference of legal philosophy——he is trying to reverse the non-humanize (scientific socialism) trend in jurisprudence,and to tell us that we can do take the law and rights seriously,if do like this.