Pregledni rad
On Political Morality and Its Objectivity in Dworkin
Zdravko KRIŽIĆ
; Gimnazija A. G. Matoša, Đakovo
Sažetak
Dworkin chose the middle road between the philosophy of
natural law, with all the difficulties of this viewpoint, and
legal positivism and other directions that deny the necessary
connection between law and morality. His theory of law as
integrity, consistently developed during three decades, is
challenging and fruitful for discussion. Its attraction lies in the
understanding of law as something greater than a system of
rules, law being the attitude of judges as well as of citizens
who put principles ahead of legal practice in order to
determine the best direction into the future and to have the
best connection with the past, showing thus that we live in a
brotherhood regardless of our different interests and
persuosions, However, such an indirect or "middle" viewpoint
suffers numerous objections. From the position of positivism
and formalism objections are raised about the vagueness of
both types of integrity of the law, together with other
theoretical inferences, e.g. the problem of the criteria for
choosing moral principles in judging difficult cases, the
questionable concept of legal practice in general, the
obscurity of standards in selecting decisions aimed at
improving the community in general etc. From the side of
natural law, however, there have been complaints about the
lack of a deeper foundedness and generality of moral
principles and their connection to law.
Ključne riječi
Hrčak ID:
31577
URI
Datum izdavanja:
31.10.2000.
Posjeta: 1.862 *