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Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on • Originally published at dobrepanstwo.org

Ronald Dworkin's Philosophy of Law and Its Polish Contexts

This article provides an in-depth analysis of Ronald Dworkin's legal thought, focusing on his revolutionary distinction between rules and principles. The author explains why rules operate in a binary fashion, while principles require weighing and interpretation in the spirit of systemic integrity. The text introduces the figure of Judge Hercules as an interpretive ideal and discusses the concept of rights as "trump cards" in the face of collective interest. A key element of the publication is its grounding of these abstract theories in the Polish legal context, which allows for an understanding of the doctrinal disputes with positivism and pragmatism. This is essential reading for anyone seeking to understand modern approaches to legal interpretation and the role of morality in the application of law.

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