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Taking Rights Seriously

Disciplines:
political philosophy
jurisprudence/philosophy of law

Summary

Ronald Dworkin's foundational collection of essays arguing that rights are 'trumps' — they override utilitarian calculations — and that legal positivism fundamentally misunderstands the nature of law.

Core Contribution

Rights as trumps: individual rights cannot be overridden simply because doing so would produce greater overall utility — rights have a special weight. Critique of Hart's legal positivism: law is not just a set of rules but includes principles and policies — the Riggs v. Palmer example (murderer can't inherit). The right answer thesis: hard cases in law have right answers that judges must find through interpretive effort.

Historical Influences

H.L.A. Hart John Rawls

Intellectual Lineage

Analytic Philosophy of Law Liberal Political Theory

Allied Works

Law's Empire A Matter of Principle Justice for Hedgehogs

Contemporaries & Peers

The Concept of LawA Theory of Justice

Minds Influenced

Constitutional Theory Rights Theory

Intellectual Posterity

Rights Theory Legal Interpretation Theory

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