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.
Nick Friedman & Drucilla Cornell
The Mandate of Dignity
Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice
The Mandate of Dignity
Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice
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Lingua Inglese ● Formato EPUB ● Pagine 152 ● ISBN 9780823268122 ● Dimensione 1.0 MB ● Casa editrice Fordham University Press ● Città New York ● Paese US ● Pubblicato 2016 ● Scaricabile 24 mesi ● Moneta EUR ● ID 4848408 ● Protezione dalla copia Adobe DRM
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