Take rights seriously

Author: Ronald Dworkin
Publisher:
Publish Date: 2002-07-01
Features: Ronald Dworkin's Taking Rights Seriously is one of the most important works in the field of legal theory since H.L.A. Hart's The Concept of Law. From the perspective of legal philosophy, this book represents the most significant contribution by an American scholar to this field. Dworkin's great achievement lies in his ability to connect his views on these major theoretical issues with questions of profound practical significance. On issues such as the activism of the Warren Court, the claim by Dean Denis that the University of Washington violated his constitutional rights, or the assertions by conscientious objectors that they have no obligation to obey laws that contradict their own moral principles, I doubt any other author has offered such profound analysis. It is certain that in recent years, one cannot find any analysis in the opinions of the Warren Court that can be compared to it in terms of overall and technical excellence. The book is outstanding in both its scope and technical rigor. Anyone concerned with the theory or practice of our public life should read it. Taking Rights Seriously is the seminal work of the renowned contemporary American legal theorist Ronald Dworkin. It was written during a specific historical period in the 1960s and 1970s. During this time, issues such as domestic racial discrimination, the Vietnam War, and conscientious objection became central to American politics. Around questions of what law is, the purpose of law, who should obey the law under what circumstances, and how judges should adjudicate cases without statutory basis or precedent, Dworkin articulated his own views. He sharply criticized the positivism and pragmatism in the American legal tradition, proposing that the government must equally respect and care for individual rights and not sacrifice human rights for the sake of social welfare or public interest. The legal and moral theory of individual rights that he elaborates in this book has made him one of the most celebrated scholars in the field.