Equity or Dworkin's Egalitarianism: Principles that Incorporate Policies Versus Principles that Stand on Their Own

Ronald
ANCILLA IURIS (anci.ch)   unpublished
Ronald Dworkin contended that the process of judicial interpretation in the United States and the United Kingdom is and should be regulated by egalitarian principles that are partially constitutive of the law. While he also referred to policies, principles, in the form of legal rights, trump legal policies in situations of conflict. The sharp differentiation Dworkin drew between principle and policy derived from the inability of (his) interpretative theory to examine the outcomes of legal
more » ... ons social scientifically. In consequence, in a fashion analogous to interpretative theories in the social sciences and humanities, a discussion of social practices, social policies, and their consequences dropped from his theoretical agenda.
fatcat:pnoydbogunfixccjmp54usofgm