The Modern‐Day Cicero: An Alternative Interpretation of the Work of Ronald Dworkin

Ratio Juris 34 (4):356-385 (2021)
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Abstract

Ronald Dworkin is one of the most frequently cited legal philosophers. His work, notably his attack on H. L. A. Hart's positivist theory of law, has received considerable attention, earning him praise as well as trenchant criticism. Instead of discussing the analytical validity of Dworkin's claims, though, we propose an alternative reading of his jurisprudential writings that emphasises their rhetorical nature. After delineating the rhetorical context of his work, we provide several illustrations of his use of rhetorical strategies and, with the help of sentiment‐analysis techniques, emotional language. While resorting to classical rhetorical tactics, Dworkin's rhetoric, we argue, appealed to the emotional power of rights talk at a time when the notion of rights enjoyed greater resonance with his audience.

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References found in this work

The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
Taking Rights Seriously.Ronald Dworkin - 1979 - Ethics 90 (1):121-130.
Taking Rights Seriously.Ronald Dworkin - 1979 - Mind 88 (350):305-309.
Elbow Room: The Varities of Free Will worth Wanting.Daniel C. Dennett - 1987 - British Journal for the Philosophy of Science 38 (3):408-412.
Thought Experiments: State of the Art.Michael T. Stuart, Yiftach Fehige & James Robert Brown - 2018 - In Michael T. Stuart, Yiftach Fehige & James Robert Brown (eds.), The Routledge Companion to Thought Experiments. London: Routledge. pp. 1-28.

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