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Taking Dworkin Seriously. Contemporary Anglo-American Philosophy of Law

Sofya Koval

  • Year2024
  • Number of pages392
  • ISBN978-5-7598-2910-2
  • doi10.17323/978-5-7598-2910-2

About

This research is dedicated to contemporary Anglo-American philosophy of law and most notably to the theory of the famous American legal philosopher Ronald Miles Dworkin (1931–2013), one of the most famous critics of the H.L.A. Hart’s legal positivism. In order to identify Dworkin’s legal philosophy within the Anglo-American tradition, the author examines contemporary legal philosophy (including its history and debates about subject matter), as well as explores the three main stages of Dworkin’s legal  philosophy ( starting with the theory of legal principles of the early stage up to the interpretivism of the middle stage and the recognition of law as part of the political morality of the later stage), highlighting the main features of his theory and testing it for belonging to the main schools: legal positivism, legal realism, natural law theory. The author concludes that Dworkin’s philosophy of law, although it contains the features of the main Anglo-American legal schools, is a self-sufficient and unique interdisciplinary philosophical and legal theory, which can be labeled as a “normative anti-positivist theory.”
The book is addressed to scholars, students, and readers whose interests are related to the philosophy of law, political philosophy, and jurisprudence.