Taking Rights Seriously
Quick Summary
Ronald Dworkin's work, Taking Rights Seriously (1977), challenges legal positivism by arguing that moral reasoning is crucial for legal interpretation, especially in constitutional matters. Dworkin contended that rights are fundamental principles, acting as "trumps" over ordinary consequentialist considerations.123
He proposed that the law includes not only explicit rules but also underlying moral principles of fairness and justice. Dworkin believed that fundamental rights, particularly the right to equal concern and respect, obligate the state to intervene to ensure these rights are upheld. This perspective emphasizes that legal decisions should be grounded in a comprehensive moral justification of the legal system.123
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