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Ronald Dworkin

Taking Rights Seriously: With a New Appendix, a Response to Critics Paperback – November 1, 1978

by Ronald Dworkin (Author)

4.5 69 ratings

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What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?

A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law―legal positivism and economic utilitarianism―and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.

Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.

Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.

Print length

392 pages
Language

English
Publisher

Harvard University Press
Publication date

November 1, 1978
Dimensions

6 x 1.1 x 9.1 inches
ISBN-10

0674867114
ISBN-13

978-0674867116
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Customer reviews

4.5 out of 5

69 global ratings

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16beest

Political Science

Reviewed in the United States on January 15, 2011

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This book gives great arguments on how our rights should be valued in our legal system and how they can be argued. I would recommend however that he fire his editor, there seems like there should be more to the book and a lot more arguments could be made from this book. I would still recommend this book for any theory law class, constitutional, philosophical or just as a good read for anyone who likes the discussion of peoples rights.

3 people found this helpful

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Phillip R. Beaver

I hope I can master the glossary, but so far, it ain't easy.

Reviewed in the United States on July 31, 2015

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This is a great book for a chemical engineer that would like to understand Supreme Court Justice Kennedy, the self-appointed god of dignity. However, so far, I do not see any justification for trying to manage dignity.

One person found this helpful

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Amazon Customer

Interesting

Reviewed in the United States on January 3, 2014

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an interesting read for persons interested in legal matters. I am enjoying it and learning much. It is making me think.

One person found this helpful

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Luis

Four Stars

Reviewed in the United States on September 14, 2016

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Good

One person found this helpful

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Dan

The most cogent and coherent statement of liberal jurisprudence and ...

Reviewed in the United States on June 5, 2016

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The most cogent and coherent statement of liberal jurisprudence and philosophy. A must read for every lawyer, judge and lawmaker.

2 people found this helpful

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Pauline Kreibig

Looking for answers

Reviewed in the United States on June 9, 2013

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What's life all about? Don't know still looking. Ronald Dworkin is a great thinker and has a lot to say that I need to hear.

3 people found this helpful

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Cliente

Five Stars

Reviewed in the United States on September 20, 2015

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Excellent product. The book is in perfect conditions as described!

One person found this helpful

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Amazon Customer

Low price but high value

Reviewed in the United States on August 17, 2016

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Very good

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Rebeca M.

Un buen regalo

Reviewed in Spain on May 18, 2023

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Se lo regalo a mi hermano y está encantado con él.

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Nafiz Ahmed

A must read for legal philosophy enthusiasts

Reviewed in the United Kingdom on February 27, 2021

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If you are interested in legal philosophy, this is a book you cannot miss. This is the first stepping stone for entering the ground breaking interpretative theory of law argued by the brilliant Ronald Dworkin. Undoubtedly, it is one of the most important works on jurisprudence written in last 50 years.

Víctor B.

Buena edición, pero sencilla.

Reviewed in Spain on February 27, 2018

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Es una buena edición pero muy sencilla, quizá falten algunos comentarios o referencias cruzadas. Pero entonces el precio se dispararía. Esta es para beber directamente de las fuentes.

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Giuliano Zanchi

A milestone in the modern-contemporary understanding of the legal experience

Reviewed in Italy on January 3, 2016

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You can agree or disagree with the author's line of thoughts, but the clarity of the approach to the issues, the originality of Dworkin's reasoning and his brain-provoking conclusions are not and cannot be anymore understimated in the discourses on the role of rules, principles, rights and duties in the understanding of the legal experience of today.

Amazon Customer

Five Stars

Reviewed in the United Kingdom on February 10, 2017

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I love this book!

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