Course:Law3020/2014WT1/Group R/System Of Rights
Law as a System of Rights
Ronald Dworkin's theory of "law as a system of rights" centers around the idea that law is created and governed based on principles. Dworkin argues that underlying principles, such as justice or fairness produce the legal rules that exist within a legal system. His theory contradicts the positivist perspective as put forward by theorists such as John Austin and HLH Hart. 
Dworkin's Rejection of Positivism
Dworkin holds that positivism is a model of and for a system of rules. He states that this is a type of system which, "forces us to miss the important roles of these standards that are not rules". A central tenet of positivism that Dworkin specifically rejects is the idea that "the law" is a set of exhaustive rules, and that an official such as a judge must go outside the law to decide a case not specifically covered in the "system of rules".
The Distinction between Rules, Principles and Policies
Law as Integrity
Application to B.M v British Columbia (Attorney General)
- Susan Dimock, “Classic Readings and Canadian Cases in the Philosophy of Law” at 235.
- Dimock at 243
- Dimock at 240