David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This article explores and critiques Ronald Dworkin's arguments on the value of integrity in law. Dworkin presents integrity in both legislation and adjudication as holding inherent political value. I defend an alternative theory of the value of integrity, according to which integrity holds instrumental value as part of a legal framework that seeks to realise a particular set of basic values taken to underpin the legal system as a whole. It is argued that this instrumental-value theory explains the value of integrity more satisfactorily than Dworkin's inherent-value account. The article concludes with a discussion of Dworkin's 'one right answer thesis'. Although the proposed theory of integrity does not support a strong version of Dworkin's thesis, it does suggest that there will be a single correct answer to legal questions more often than for normative deliberation generally.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Scott Hershovitz (2006). Integrity and Stare Decisis. In , Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
Matthew Pianalto (2012). Integrity and Struggle. Philosophia 40 (2):319-336.
Alan Madry (2005). Global Concepts, Local Rules, Practices of Adjudication and Ronald Dworkin’s Law as Integrity. Law and Philosophy 24 (3):211-238.
Alexandre Lefebvre (2007). Critique of Teleology in Kant and Dworkin: The Law Without Organs (Lwo). Philosophy and Social Criticism 33 (2):179-201.
Dale Smith (2006). The Many Faces of Political Integrity. In Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
Joseph Raz (2004). Speaking with One Voice : On Dworkinian Integrity and Coherence. In Ronald Dworkin & Justine Burley (eds.), Dworkin and His Critics: With Replies by Dworkin. Blackwell Pub.. 285--290.
Gerald J. Postema (2004). Integrity : Justice in Workclothes. In Ronald Dworkin & Justine Burley (eds.), Dworkin and His Critics: With Replies by Dworkin. Blackwell Pub.. 291--318.
Scott Hershovitz (ed.) (2006). Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
R. P. Peerenboom (1990). A Coup d'État in Law's Empire: Dworkin's Hercules Meets Atlas. [REVIEW] Law and Philosophy 9 (1):95 - 113.
Added to index2009-01-28
Total downloads83 ( #15,331 of 1,101,125 )
Recent downloads (6 months)5 ( #58,910 of 1,101,125 )
How can I increase my downloads?