The concept of law by Ronald Dworkin
// Law and Politics. – 2014. – ¹ 4.
– P. 529-547.
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Abstract: The object of studies in this article is critical evaluation of the concept of law by the well known legal theoretician
Ronald Dworkin. In the first part of the article the author studies his early works with special attention to the polemics
between Dworkin and Hart. It is also explained how the defects of the early theory of Dworkin led to the radical changes
in his methodology and the number of his theses. In the second part of the article the author focuses on legal views of
Dworkin, as formulated after 1981. The author provides detailed description of his interpretation theory and his theory of
the integrity of law. The third part of the article contains criticism of his views from the pluralism standpoint. The method
of the author mirrors the method of Dworkin, and it is entitled “constructive interpretation”. Its use allows to imagine
an object of studies in the best light, complicating its criticism. Ronald Dworkin was and still is one of the central pillars
of the Western jurisprudence. Unfortunately, most of his works are not translated into Russia, but still his ideas need to
be critically evaluated from the standpoint of their perspective application, as well as lack of inner contradictions by
the Russian legal community. And the views of Ronald Dworkin contain many attractive idea, while the central thesis on
integrity may be potentially dangerous for the very freedoms, which the law is meant to safeguard.
Keywords: Law, Dworkin, law as an integrity, norms and principles, Hart, Raz, hermeneutics, interpretation theory, positivism, normative jurisprudence.
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