Difference between revisions of "Course:Law3020/2014WT1/Group S/System Of Rights"
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Ronald Dworkin’s theory of law as a system of rights is a direct challenge to the concepts laid out by legal positivists. Broadly speaking, Dworkin challenged the notion that law is simply a collection of human made rules. Instead of viewing law as such, he envisioned law as drawing upon principles, which in turn are derived from the well of a society’s history and morality. | Ronald Dworkin’s theory of law as a system of rights is a direct challenge to the concepts laid out by legal positivists. Broadly speaking, Dworkin challenged the notion that law is simply a collection of human made rules. Instead of viewing law as such, he envisioned law as drawing upon principles, which in turn are derived from the well of a society’s history and morality. | ||
Distillation of the Positivist Position | Distillation of the Positivist Position | ||
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| + | Dworkin distills the positivist theory of law by describing it in terms of three positions. The first is that the positivist theory of law sees law as a collection of rules that get their legitimacy from one overarching master rule, namely, the rule of recognition. Further, this master rule is completely disconnected from the content of the law itself. Thus the positivist position endorses the separation thesis. | ||
Revision as of 22:08, 24 March 2014
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Ronald Dworkin’s theory of law as a system of rights is a direct challenge to the concepts laid out by legal positivists. Broadly speaking, Dworkin challenged the notion that law is simply a collection of human made rules. Instead of viewing law as such, he envisioned law as drawing upon principles, which in turn are derived from the well of a society’s history and morality. Distillation of the Positivist Position
Dworkin distills the positivist theory of law by describing it in terms of three positions. The first is that the positivist theory of law sees law as a collection of rules that get their legitimacy from one overarching master rule, namely, the rule of recognition. Further, this master rule is completely disconnected from the content of the law itself. Thus the positivist position endorses the separation thesis.