theory of law as integrity

E421709

The theory of law as integrity is Ronald Dworkin’s influential view that judges should interpret legal practice as expressing a coherent set of moral principles that justify the community’s legal and political decisions.

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theory of law as integrity canonical 1

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Statements (47)

Predicate Object
instanceOf interpretivist theory of law
legal theory
normative theory of law
theory of adjudication
aimsAt justification of state coercion through principled reasoning
moral coherence of the legal system
appliesTo constitutional law
judicial decision-making
statutory interpretation
author Ronald Dworkin NERFINISHED
centralClaim judges should interpret legal practice as expressing a coherent set of moral principles
law is an interpretive concept that combines fit with moral justification
legal rights and duties depend on the best moral interpretation of existing legal practices
contrastsWith purely outcome-oriented pragmatism
rule-based formalism
coreConcept Judge Hercules ONDG
constructive interpretation
fit and justification
integrity in law
rights as trumps
criticizedFor blurring the boundary between law and morality
demanding too much agreement on moral principles
idealizing judicial capacities through the figure of Judge Hercules
domain jurisprudence
philosophy of law
influenced contemporary debates in jurisprudence
human rights adjudication theory
theories of constitutional interpretation
influencedBy Anglo-American common law tradition NERFINISHED
interpretivism in philosophy
liberal political philosophy
introducedIn Law's Empire NERFINISHED
method interpretation of legal materials as part of a single coherent scheme of justice and fairness
opposesView conventionalism about law
legal positivism
legal pragmatism
relatedWork Law's Empire NERFINISHED
requires coherence among legal principles applied in adjudication
consistency in the treatment of persons by the legal system
interpretation of legal practice in its best moral light
viewOnDemocracy democratic legitimacy is enhanced when government acts with integrity in applying coherent principles
viewOnJudging hard cases should be decided by the interpretation that best fits and justifies the legal system as a whole
judges must justify legal decisions by appealing to moral principles embedded in legal practice
viewOnLaw law includes principles as well as rules
legal propositions are true if they follow from the principles that best justify the institutional history of a community
viewOnRights individuals have pre-interpretive legal rights that judges must discover and articulate
yearIntroduced 1986

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Ronald Dworkin knownFor theory of law as integrity