interpretivism in law

E421701

Interpretivism in law is a legal theory, chiefly associated with Ronald Dworkin, that views law as an interpretive practice grounded in moral principles rather than merely in rules or social facts.

All labels observed (1)

Label Occurrences
interpretivism in law canonical 1

How this entity was disambiguated

Statements (49)

Predicate Object
instanceOf jurisprudential position
legal theory
normative legal theory
theory of law
aimsAt integrity in law-making and adjudication
presenting legal practice in its best moral light
alsoKnownAs Dworkinian interpretivism
law as integrity
appliesTo constitutional interpretation
judicial decision-making
statutory interpretation
associatedWith Ronald Dworkin NERFINISHED
basedOn interpretive practice
moral principles
contrastsWith legal positivism
legal realism
natural law theory
coreIdea judges must interpret law in light of political morality
law is not exhausted by explicit rules and social facts
legal propositions are true if they follow from principles that best justify the institutional history of a legal system
legal rights and duties depend on the best moral interpretation of legal practice
critiques H. L. A. Hart's version of legal positivism
rule-based conceptions of law
denies that law is merely a system of rules identified by social sources
the strong separation of law and morality
developedBy Ronald Dworkin NERFINISHED
developedIn 20th century
late 20th century analytic jurisprudence
emphasizes coherence of legal principles
fit and justification in legal interpretation
law as an interpretive practice
moral reading of the law
field jurisprudence
philosophy of law
influenced contemporary debates on constitutional interpretation
theories of rights-based adjudication
influencedBy English law
surface form: Anglo-American common law tradition

Ronald Dworkin's book "Law's Empire" NERFINISHED
Taking Rights Seriously
surface form: Ronald Dworkin's book "Taking Rights Seriously"

liberal political theory
relatedTo constructive interpretation
moral reading of constitutions
principle-based constitutionalism
requires consideration of political morality in legal reasoning
interpretive judgment by judges
supports principle-based reasoning in adjudication
rights as trumps over collective goals in some cases
views law as a matter of principle, not only policy
legal practice as a constructive interpretation

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Ronald Dworkin notableIdea interpretivism in law