Abstract
Ronald Dworkin once identified the basic question of jurisprudence as: ‘What, in general, is a good reason for a decision by a court of law?’ I argue that, over the course of his career, Dworkin gave an essentially sound answer to this question. In fact, he gave a correct answer to a broader question: ‘What is a good reason for a legal decision, generally?’ For judges, officials of executive and administrative agencies, lawyers, non-governmental organizations, and ordinary subjects acting in the variety of legal contexts, Dworkin identified the proper basis for a legal decision, and its implications for the form of wellconducted legal reasoning. Dworkin’s stance on the above questions can be characterised by two theses. I defend his view by substantiating each. The result is agnostic about the viability of other aspects of Dworkin’s legal theory, as it focuses on the grounds of proper legal decision-making. Whatever the fate of his other philosophical views, Dworkin’s jurisprudence includes a clearheaded, though morally challenging, understanding of the proper basis for decisions of law.
| Original language | English |
|---|---|
| Pages (from-to) | 210-230 |
| Number of pages | 21 |
| Journal | Jurisprudence |
| Volume | 7 |
| Issue number | 2 |
| DOIs | |
| State | Published - 2016 |
Keywords
- Authority
- Constructive interpretation
- Dworkin
- Legal reasoning
- Legitimacy
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