Difference between revisions of "Course:Law3020/2014WT1/Group I/System Of Rights"
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==Background & Theory== | ==Background & Theory== | ||
+ | Ronald Dworkin has been the most prolific and influential writer since H.L.A. Hart on issues in the philosophy of law. He is currently the dominant figure in jurisprudence in Canada, and is a strong critic of legal positivist theory. | ||
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+ | "Law as a System of Rights" | ||
+ | |||
+ | Ronald Dworkin rejects the model of law as a system of rules. According to Dworkin, law is not merely a system of rules but also of principles. He believes that judges never have discretion in Hart's sense of the term, and are instead bound by the underlying general principles of justice and fairness. | ||
+ | |||
+ | ==Application of the E. (Mrs.) v. Eve== |
Revision as of 18:49, 4 March 2014
Background & Theory
Ronald Dworkin has been the most prolific and influential writer since H.L.A. Hart on issues in the philosophy of law. He is currently the dominant figure in jurisprudence in Canada, and is a strong critic of legal positivist theory.
"Law as a System of Rights"
Ronald Dworkin rejects the model of law as a system of rules. According to Dworkin, law is not merely a system of rules but also of principles. He believes that judges never have discretion in Hart's sense of the term, and are instead bound by the underlying general principles of justice and fairness.