作者：RonaldDworkin
出版社：HarvardUniversityPress
副标题：认真对待权利
出版年：1978-11-1
页数：392
定价：USD32.50
装帧：Paperback
ISBN：9780674867116
内容简介
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What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?
A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.
Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.
Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
作者简介
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Ronald Dworkin was Frank Henry Sommer Professor of Law and Philosophy at New York University. He was the 2007 winner of the Ludvig Holberg International Memorial Prize for his “pioneering scholarly work” of “worldwide impact.”
目录
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Introduction
1. Jurisprudence
2. The Model of Rules I
3. The Model of Rules II
4. Hard Cases
5. Constitutional Cases
6. Justice and Rights
7. Taking Rights Seriously
8. Civil Disobedience
9. Reverse Discrimination
10. Liberty and Moralism
11. Liberty and Liberalism
12. What Rights Do We Have?
13. Can Rights Be Controversial?
Appendix: A Reply to Critics
Index
评论 ······
Even in the appendix, there’s no explanation of what Dworkin means exactly when he says “external preference” as opposed to “personal” ones. And at one point, he uses a phrase “good or bad external p…
语言相对清楚（比较Raz），讲的内容就一般。倒不是说概念不够谨慎，只是在提出法律原则和法律规则的区别并且同时视两者为“法律”时，作者没有很明确地指出这两种对“法律”一词的不同使用方法又是如何统一联合起来的。
阎王爷的告示——鬼话连篇。
地上花儿为谁开，水中鸳鸯为谁成双？丢块儿手绢在风中，风吹到哥哥身旁~
心上妹妹猜不透，哥哥睡不香。
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