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Interpretacijska teorija prava Ronalda Dworkina - osnovne postavke.
- Source :
-
Pravnik, Law & Society Review . 2016, Vol. 49 Issue 99, p23-39. 17p. - Publication Year :
- 2016
-
Abstract
- On one understanding, since interpretive legal theory is a theory about the grounds of law (or criteria of legal validity), about what constitutes law (i.e., legal content), the theoretical explanation it provides is called constitutive explanation. Accoridng to that theory, in addition to institutional history (constitution, statutes, regulations, court judgements), a necessary role in the constitutive explanation of legal content (legal rights and obligations) is also played by certain moral facts. Depending on how a theory conceives of the roles of institutional history and moral facts in the constitutive explanation of legal content, one can distinguish between the so-called pure and the so-called hybrid interpretive legal theory.The main goal of the paper is to systematically outline the basic tenets of Dworkin's (hybrid) interpretive theory of law by drawing on the conception of what constitutes legal rights and obligations, as developed in Dworkin's book Law's Empire (1986) and termed law as integrity. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Croatian
- ISSN :
- 0352342X
- Volume :
- 49
- Issue :
- 99
- Database :
- Academic Search Index
- Journal :
- Pravnik, Law & Society Review
- Publication Type :
- Academic Journal
- Accession number :
- 119326864