Ronald dworkin is perhaps the country s most unabashed intellectual advocate for the idea that this is precisely what the judges ought to be doing. This article was later reproduced as part of the introduction to ronald dworkin, freedoms law. Ronald dworkins the moral reading of the constitution. Dec 17, 2002 ronald dworkins freedoms law offers a solution to a thorny problem in american constitutional law. In freedoms law, ronald dworkin propounds his theory of consti tutional interpretation and applies it to some of the most controversial constitutional issues of. Ronald dworkin, a professor of jurisprudence and the guru of activist deep. December 11, 1931 february 14, 20 was an american philosopher, jurist, and scholar of united states constitutional law. Similarly, dworkin has argued that it is as illegitimate to substitute a concrete, detailed provision for the abstract language of equal protection clause as it would be to substitute some abstract principle of. Taking rights seriously pdf summary ronald dworkin. Ronald dworkin, comment, in antonin scalia, a matter of interpretation. Similarly, dworkin has argued that it is as illegitimate to substitute a concrete, detailed provision for the abstract language of equal protection clause as it would be to substitute some abstract principle of privacy for the concrete terms of the.
The work which brought him to prominence thirty years ago and led. This book illustrates a particular way of reading and enforcing a political constitution, which i call the moral reading. Written by the worlds bestknown political and legal theorist, freedoms law. Ronald dworkin is perhaps the countrys most unabashed intellectual advocate for the idea that this is precisely what the judges ought to be doing. In spirited and illuminating discussions of both recent constitutional cases and general constitutional principles, he argues that a distinctly american version of government based on the moral reading of the constitution is in fact the best account of what. A study of the ideas of law and justice in the writings of lon l.
The american ideal, ronald dworkin says in freedoms law, is government not only under law but under principle as well p 6. Ronald dworkin argues that americans have been systematically misled about what their constitution is and how judges interpret it. Civil rights, constitutional law, judges, liberty, moral and ethical aspects, moral. Ronald dworkin wikipedia bahasa indonesia, ensiklopedia bebas. Ronald dworkin 193120, winner of the 2007 ludvig holberg international memorial prize, was the author of many books, including sovereign virtue, freedoms law, and lifes dominion. Taking rights seriously free summary by ronald dworkin. In this collection of essays dworkin supports a right to abortion, euthanasia, affirmative action, and a view of free speech that not only embraces academic freedom but would also do away with most of the laws against libel and slander. Freedoms law by ronald dworkin, 9780198264705, available at book depository with free delivery worldwide. The moral reading of the american constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and. Ronald dworkin 193120 was professor of philosophy and frank henry sommer professor of law at new york university. Ronald dworkins freedoms law offers a solution to a thorny problem in american constitutional law.
An argument about abortion, euthanasia, and individual freedom, ronald dworkin. He argues that the authority of the american supreme court to make the final determination on constitutional questions is consistent with democratic principles. He argues that the bill of rights must be understood as setting out general moral principles about liberty and equality and dignity, and that private citizens, lawyers, and finally judges must interpret and apply those general principles by posing and trying to answer more concrete moral questions. Kenneth einar himma university of washington in freedoms law, ronald dworkin propounds his theory of consti tutional interpretation and applies it to some of the most controversial. In freedoms law, ronald dworkin propounds his theory of constitutional interpretation and applies it to some of the most controversial constitutional issues of. The moral reading of the american constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment,homosexuality, pornography, and free speech. Smith and charles taylor for helpful conversations. Dworkin had taught previously at yale law school and the university of oxford, where he was the professor of jurisprudence, successor to renowned philosopher h. In bowers, the supreme court ruled that antisodomy laws do not violate the constitution. The first amendment prohibits the passing of laws that abridge the freedom of speech. So writes ronald dworkin in the introduction to this characteristically robust and provocative new book in which dworkin argues the fidelity to the constitution and to law demands that judges make contemporary judgements backed on political morality, and why it encourages, or ought to encourage, an open display of the true grounds of judgement.
Dworkin defends a particular answer to that question, which he calls the moral reading of the constitution. Professor dworkin offers a consistently liberal view of the. What does its abstract language mean when it is applied to the. Published in 2009 363 journal of law and society 32 7 351. Selected bibliography of ronald dworkin 193120 some of the books and articles listed below are available in full text in pdf format. Ronald dworkin the constitution, he observes, grants individual rights in extremely abstract terms. For two major sources of claims about rights in our political culture, see ronald dworkin, freedoms law 73 1996. In freedoms law, ronald dworkin propounds his theory of consti. He was the 2007 winner of the ludvig holberg international memorial prize for his pioneering scholarly work of worldwide. Most contemporary constitutions declare individual rights against the government in very broad and abstract language, like the first amendment of the united states constitution, which provides that congress shall make no law abridging the freedom of. Ronald dworkin is americas leading philosopher of lawargua bly the greatest philosopher of law this country has ever produced. The constitution, he observes, grants individual rights in extremely abstract terms. The moral reading of the constitution 291 harvard u.
John paul stevens professor of law and professor of political science, northwestern university school of law. He argues that the authority of the american supreme court to make the final determination on co. Ronald dworkin dworkin argues that americans have been systemically misled about what their constitution is and how judges decide what it means. Written by the world s bestknown political and legal theorist, freedom s law. Ronald dworkin, qc, fba was an american philosopher of law. Foley holmes wrote like a dream, ronald dworkin observes in freedoms law, his new collection of essays on constitutional in terpretation. The moral reading of the american constmtution 1996. Over the last dozen years, he has explored the boundaries of the state s. Similarly, dworkin has argued mat it is as illegitimate to substitute a concrete, detailed provision for the abstract language of equal protection clause as it would be to substitute some abstract principle of privacy for the concrete terms of the. Ronald dworkin wikipedia bahasa indonesia, ensiklopedia. Jurisprudence for hedgehogs jeremy waldron1 abstract.
Ronald dworkin s freedom s law offers a solution to a thorny problem in american constitutional law. At the time of his death, he was frank henry sommer professor of law and philosophy at new york university and professor of jurisprudence at university college london. Ronald dworkin, an innovative legal thinker who developed a novel interpretation of the moral underpinnings of the constitution and who became respected in liberal circles for his writings on law. Dworkin earlier expressed this distinction in terms of linguistic and legal intentions. Constitutional interpretation, intelligent fidelity, and scielo. He was the 2007 winner of the ludvig holberg international memorial prize for his pioneering scholarly work of worldwide impact and he was recently awarded the balzan.
Taking rights seriously, which was published in 1977 and written by philosopher ronald dworkin, is an anthology of 19 essays, all related to the law. The moral reading of the american constitution ronald dworkin the constitution, he observes, grants individual rights in extremely abstract terms. Nov 07, 20 ronald dworkin 193120 was professor of philosophy and frank henry sommer professor of law at nyu. Ronald dworkin 193120 was professor of philosophy and frank henry sommer professor of law at nyu. The problem of justifying judicial decisions is particularly acute in hard cases, those cases in which the result. The moral reading of the american constitution by ronald dworkin 19970425 ronald dworkin on. He was a jeremy bentham professor of law and philosophy at university college london, frank henry sommer professor of law at new york university, and has taught previously at yale law school and the university of oxford. Indeed that ideal is the most important contribution.
Reflections on ronald dworkin and south african law. In this collection of essays dworkin supports a right to abortion, euthanasia, affirmative action, and a view of free speech that not only embraces academic freedom but would also do away with most. Ronald myles dworkin fba was an american philosopher, jurist, and scholar of united states constitutional law. Bibliography of ronald dworkins works essays are organized chronologically in descending order, by year, by subject the choice of umbrella subject for those essays falling into more than one category was necessarily a matter of. Freedoms law ronald dworkin harvard university press. One of the most highly regarded and influential legal philosophers of the postwar era, his numerous publications include freedoms law and a matter of principle.
Sebelum meninggal, ia menjabat sebagai profesor hukum dan filsafat frank henry sommer di universitas new york dan profesor yurisprudensi di university college london. The moral reading of the constitution by ronald dworkin. The american ideal, ronald dworkin says in freedom s law, is government not only under law but under principle as well p 6. Ia juga pernah mengajar di sekolah hukum yale dan universitas oxford. Dworkin argues that these laws do violate the constitutional right to privacy, a right that was gradually developed in the course of a number of key court decisions. The aims of this essay are, first, to present the jurisprudential position that ronald dworkin set out in his penultimate book, justice for hedgehogs 2011. He was the frank henry sommer professor of law at new york university and the bentham professor of jurisprudence at university college london. The moral reading of the american constitution gregory bassham ronald dworkin is america s leading philosopher of law arguably the greatest philosopher of law this country has ever produced. He will be remembered for his contribution to rebuilding the legal system in the states and help those affected by its transgression. We have to choose between an abstract, princi pled, moral reading and a concrete, dated, read ing.
There is a particular way of reading and enforcing a political constitution, which i call the moral reading. Recommended citation berger, raoul 1997 ronald dworkin s the moral reading of the constitution. Ronald dworkin was an american philosopher, a scholar of united states constitutional law, and the author of several books. The moral reading of the american constitution gregory bassham ronald dworkin is americas leading philosopher of lawarguably the greatest philosopher of law this country has ever produced.
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