Study On Dworkin’s Theory Of Rights

Citizens’ rights and their realization have always been a hot topic in western methodology and philosophy.From ancient Greece and Rome to modern times,the rights theory has been constantly updated and developed.Dworkin is a modern American legal philosopher and one of the greatest jurists in the 20th century.He formed his theory of rights based on "equal rights".Dworkin respected moral rights and paid attention to individual rights,especially minority rights.Dworkin’s theory of rights has made great contributions to the construction of equal rights and the development of the history of rights.China is in an important period of building a society ruled by law,and the construction of rights under the background of governing the country according to law is also an unavoidable topic.However,there are still some problems in China,such as weak awareness of citizens’ rights and difficulty in guaranteeing the rights of special groups,etc.Dworkin’s rights theory has certain value and significance for the promotion of China’s rights system and even the process of legalization.For the study of Dworkin’s right theory,firstly,it introduces Dworkin’s life and social environment from the background and ideological origin of Dworkin’s right theory,analyzes Dworkin’s inheritance of natural law school’s right thought and his criticism of utilitarian right thought and positivist right thought,and tries to outline the origin of Dworkin’s right theory construction.Secondly,it discusses the main contents of Dworkin’s right theory,specifically expounds Dworkin’s understanding of rights,resource equality theory,moral rights and minority rights,and emphatically analyzes the resource equality theory that "citizens should enjoy equal care and respect",and combs the resource equality theory from two important principles of resource equality theory "importance equality principle" and "specific responsibility principle".This paper evaluates Dworkin’s right theory,introduces the significance of Dworkin’s right theory from its influence on equality,right and morality,and analyzes the limitations of Dworkin’s right theory combined with the reality.Finally,it draws the reference of Dworkin’s right theory to our real society,in order to contribute to the advancement of the rule of law in our country.