Document Type
Article
Publication Date
January 2009
Publication Title
Journal of Law, Philosophy and Culture
Abstract
This review essay examines the jurisprudence of Ronald Dworkin as presented in the anthology: Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, edited by Scott Hershovitz. Notwithstanding the influence Dworkin's jurisprudence has had on the reconsideration of moral reasoning within legal reasoning, the essay concludes that at its foundation Dworkin's jurisprudence is based upon Legal Positivist principles. The essay first summarizes the jurisprudence of Dworkin and then contrasts his jurisprudence with traditional Natural Law Legal Theory and finally exposes the Positivist foundations of Dworkin's Legal Empire.
Volume
4
Issue
1
Recommended Citation
McCall, Brian, "Exploring the Foundations of Dworkin's Empire: The Discovery of an Underground Positivist" (2009). Faculty Articles. 247.
https://digitalcommons.law.ou.edu/fac_articles/247
Included in
Ethics and Political Philosophy Commons, Jurisprudence Commons, Law and Politics Commons, Law and Society Commons, Public Law and Legal Theory Commons