Evil Genius empire : analysis of the thesis contained in Ronald Dwkin s Law s Empire / Imperio do Genio Maligno : O imperio do direito, de Ronald Dworkin

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This paper is designed to analyze the thesis produced by Ronald Dworkin in his book Law s Empire, where the author develops a theory of law that is based on the premises of (i) constructive interpretation of law texts and practices and (ii) moral, political and social integrity, and proposes that they are the best solution for the debate on the improvement of law doctrines. After an analysis, one can perceive that the first premise lacks completeness and the second consistency. Therefore, the theory set forth by the author is regarded as not sufficient to fulfill its purpose to be used as a reference for juridical decisions. One can identify that there is a tendency for inaccurate explanation of both current law doctrines and Dworkin s own thesis, while the Evil Genius in the title refers to a metaphor and fictitious character created by Descartes whose role is to induce readers to conceptual misconstructions as a reference to misinterpretations that usually take place in the areas of Justice and Law.

ASSUNTO(S)

law jurisprudencia direito - filosofia jurisprudence hermeneutica (direito) integrity equity (law) amor-proprio hermeneutics (law) equidade (direito)

ACESSO AO ARTIGO

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