Taking Rights SeriouslyA landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years. |
Contents
Introduction | 1 |
Chapter 1 Jurisprudence | 13 |
Chapter 2 The Model of Rules I | 29 |
Chapter 3 The Model of Rules II | 65 |
Chapter 4 Hard Cases | 105 |
Chapter 5 Constitutional Cases | 163 |
Chapter 6 Justice and Rights | 185 |
Chapter 7 Taking Rights Seriously | 223 |
Chapter 8 Civil Disobedience | 249 |
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Common terms and phrases
abstract right accept adjudication appeal appeal to consequences argue argument of policy argument of principle believe Chapter citizens claim collective goal concept consequentialist constitutional contract controversial convictions decide defendant DeFunis described disagree discretion distinction doctrine duty enforce Equal Protection Clause example external preferences fact fairness favor fundamental Greenawalt H. L. A. Hart hard Hart Hart’s Hercules homosexuality idea important institutional rights issue judges judgment judicial justify lawyers legal philosophy legal positivism legal rights legal system legislation legislature Lord Devlin mean moral rights original position particular philosophical plaintiff political decision political morality political rights political theory positivism positivist practice precedent provides question reason reflective equilibrium requires right answer right to equal right to liberty rights thesis rule of recognition rule theory sense simply social rule society someone sort standards statute suppose theory of justice theory of law utilitarian argument welfare wrong