Dworkin Legal Principles To Identify Theoretical Research

Ronald Dworkin is one of the most famous legal scholars in our times. His legal thought, especially on the legal principle theory is not only triggered a heated discussion and controversy in Western legal circles, but also has received widespread attention in the Chinese mainland. Thus the paper aims at general analysis and description of legal principles, the principle of recognition problems.The introduction tells one classic case of legal principles referee in Chinese mainland, pointed out the different views on the legal principles between China Jurisprudential circles and American Jurisprudential circles, and told us the necessity and importance of recognize the principles of law.The connotation of Ronald Dworkin’s principle of recognition theory make efforts to description and presentation of the legal principles theory, including the generation process of the legal principles, the molding process of the legal principles and the development process of the legal principles. At the same time, described the most important element in this paper—the concept of legal principles recognition theory, the characteristics of legal principles recognition theory, and the important meaning of legal principles recognition theory.The methods of legal principles recognition make efforts to discussion the identification method about legal principles. Firstly, introduce Dworkin’s Constructive interpretation method. Secondly, described the difference between legal principles and the moral principles、rules of law、policy and standards to recognize legal principles.Chinese scholars also have their own opinion on legal principles recognition theory. The methods of legal principles recognition help us understand Dwokin’s theory better, which is a key step to judge hard case.The evaluation of legal principles recognition theory makes efforts to describe the strong differences between Dworkin’s legal principles theory and the Legal Positivism, and summarized the query from "external skepticism" and "internal skepticism". Because China’s national conditions was different from the United States, so the legal principles recognition theory not suitable for China.