Research On Dworkin’s Theory Of Legal Principles

Dworkin is one of the famous American jurists in the 20 th century.In his academic career,he has constructed many theories that influence the world jurisprudence,and the theory of legal principles is one of them.At present,almost all the research on legal principles will explore Dworkin’s point of view.The formation and development of Dworkin’s theory of legal principles has experienced nearly 20 years,and finally formed a theory with complete logical structure.In recent years,domestic scholars mainly study Dworkin’s legal theory based on the whole law theory and right theory,and rarely study Dworkin’s legal principle theory.Although some scholars have studied Dworkin’s theory of legal principles,they do not show the complete logical structure of the theory and lack the summary of the theoretical presupposition,which is the deficiency of the current domestic research.Dworkin’s theory of legal principles includes Dworkin’s presupposition of the theory of legal principles,the definition of the concept of legal principles,the discrimination between legal principles and related concepts,and the identification methods of legal principles.Based on the summary of Dworkin’s legal principles,this paper concludes three presuppositions of Dworkin’s theory,namely,the presupposition of principle social model,the presupposition of perfect legal system and the presupposition of perfect judge.Dworkin’s theory of legal principles plays a certain role in dealing with difficult cases and maintaining legal authority.At the same time,Dworkin’s theory of legal principles has limitations.Its limitation comes from its three presuppositions: one is the limitation of the social model of principle;One is the limitation of legal loopholes;One is the limitation of perfect judges.Finally,by showing the theoretical reference of Dworkin’s legal principle theory in China and the three cases of using legal principle in judicial practice in China,it shows that the study of Dworkin’s legal principle theory has certain enlightenment significance to China’s theory and practice.