A major American legal thinker, the late Ronald Dworkin also helped
shape new dispensations in the Global South. In South Africa, in
particular, his work has been fiercely debated in the context of one
of the world’s most progressive constitutions. Despite Dworkin’s
discomfort with that document’s enshrinement of “socioeconomic
rights,” his work enables an important defense of a jurisprudence
premised on justice, rather than on legitimacy. Beginning with a
critical overview of Dworkin’s work culminating in his two
principles of dignity, Cornell and Friedman turn to Kant and Hegel for
an approach better able to ground the principles of dignity Dworkin
advocates. Framed thus, Dworkin’s challenge to legal positivism
enables a theory of constitutional revolution in which existing legal
structures are transformatively revalued according to ethical
mandates. By founding law on dignity, Dworkin begins to articulate an
ethical jurisprudence responsive to the lived experience of injustice.
This book, then, articulates a revolutionary constitutionalism crucial
to the struggle for decolonization.
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Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice
Produktdetaljer
ISBN
9780823268122
Publisert
2017
Utgiver
Fordham University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter