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Do human rights exist before laws are made, or do laws create them? Are law and morality even commensurable? Dworkin argues that they are. In a twist on the usual approach, he starts with law and works back toward moral theory in a series of essays. Three of the topics he covers give examples of his thinking.
Legal Positivism:
Under the theory of legal positivism rights are thought to be purely a product of jurisprudence. Positivists like this detachment from moral reasoning, which they don‘t bel ...more
Legal Positivism:
Under the theory of legal positivism rights are thought to be purely a product of jurisprudence. Positivists like this detachment from moral reasoning, which they don‘t bel ...more
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