Correct option is B
The book
"Taking Rights Seriously" was authored by
Ronald Dworkin, a prominent American philosopher and legal scholar. Published in 1977, this book is one of Dworkin's most influential works, where he critiques legal positivism, particularly the theories of H.L.A. Hart, and argues for a moral interpretation of law. Dworkin asserts that individual rights are fundamental, and that judges should interpret laws based on principles of justice and fairness, rather than merely following established rules.
Information Booster:
1.
Ronald Dworkin: An influential legal philosopher known for his criticism of legal positivism and his advocacy for a rights-based approach to law.
2.
Moral Interpretation of Law: Dworkin argues that law should be interpreted in light of moral principles, particularly those concerning individual rights.
3.
Critique of Hart: Dworkin critiques H.L.A. Hart's concept of law, especially the idea that law is primarily a system of rules.
4.
Legal Positivism: Dworkin opposes the positivist view that law and morality are separate, arguing instead that law inherently involves moral judgment.
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Principle vs. Rules: Dworkin distinguishes between rules (which are applied in an all-or-nothing fashion) and principles (which provide reasons for legal decisions).
6.
Impact on Jurisprudence: "Taking Rights Seriously" has had a significant impact on contemporary legal philosophy, particularly in discussions around constitutional interpretation and human rights.
Additional Information:
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Hart (a): H.L.A. Hart was a legal philosopher known for his work "The Concept of Law," where he discusses the nature of law and its relationship with morality.
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Kelsen (c): Hans Kelsen was a legal theorist known for the "Pure Theory of Law," which seeks to separate law from moral considerations.
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Julius Stone (d): A legal philosopher who contributed extensively to the sociology of law and jurisprudence but did not author "Taking Rights Seriously."
