Justice in Robes

How should a judge’s moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from “nothing” to “everything.” In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions—semantic, jurisprudential, and doctrinal—in which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin’s new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.

how Should A Judge’s Moral Convictions Bear On His Judgments About What The Law Is? Lawyers, Sociologists, Philosophers, Politicians, And Judges All Have Answers To That Question: These Range From “nothing” To “everything.” In His New Book Ronald Dworkin Argues That The Question Is Much More Complex Than It Has Often Been Taken To Be And Charts A Variety Of Dimensions—semantic, Jurisprudential, And Doctrinal—in Which Law And Morals Are Undoubtedly Interwoven. He Restates And Summarizes His Own Widely Discussed Account Of These Connections, Which Emphasizes The Sovereign Importance Of Moral Principle In Legal And Constitutional Interpretation, And Then Reviews And Criticizes The Most Influential Rival Theories To His Own. He Argues That Pragmatism Is Empty As A Theory Of Law, That Value Pluralism Misunderstands The Nature Of Moral Concepts, That Constitutional Originalism Reflects An Impoverished View Of The Role Of A Constitution In A Democratic Society, And That Contemporary Legal Positivism Is Based On A Mistaken Semantic Theory And An Erroneous Account Of The Nature Of Authority. In The Course Of That Critical Study He Discusses The Work Of Many Of The Most Influential Lawyers And Philosophers Of The Era, Including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, And Joseph Raz. Dworkin’s New Collection Of Essays And Original Chapters Is A Model Of Lucid, Logical, And Impassioned Reasoning That Will Advance The Crucially Important Debate About The Roles Of Justice In Law.

tom Liniger - Michigan Law Review

ronald Dworkin, One Of The Nation's Foremost Legal Philosophers, Has Solidified His Legacy With His Latest Book. justice In Robes Presents A Synthesis Of Dworkin's Jurisprudential Theory...most Intriguingly, justice In Robes Includes Several Chapters Challenging The Leading Proponents Of Competing Jurisprudential Theories. Accessible, Provocative, And Enlivened By Frequent Clash, [the Book] Offers An Ideal Primer For Students Beginning Their Study Of Jurisprudence, And The Book Also Rewards Close Scrutiny By Scholars Who Are Already Familiar With Dworkin's Philosophy.

How should a judge’s moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from “nothing” to “everything.” In his new book Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensions—semantic, jurisprudential, and doctrinal—in which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin’s new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.

Jeremy Waldron - New York Review of Books

The underlying question is of the first importance--How do we reconcile the rule of law with judges' deployment of their own values and their own theories of the good society?--and on that there is enough here that is new and important to make the book well worth reading for anyone interested in the law...Justice in Robes does more to open up new options in our thinking about the rule of law than a whole library full of books by opinionated pragmatists or by the careful conceptual purveyors of a purely analytic jurisprudence.

How should a judge's moral convictions bear on his judgments about what the law is? In these essays, Dworkin charts a variety of dimensions in which law and morals are interwoven. He argues that pragmatism is empty as a theory of law, and that value pluralism misunderstands the nature of moral concepts How should a judge’s moral convictions bear on his judgments about what the law is? In __Justice in Robes__, Ronald Dworkin argues that this question is much more complex than it has often been taken to be and charts a variety of dimensions in which law and morals are undoubtedly interwoven.