Legal Authority and the Dead Hand of the Past. Dworkin's Law's Empire and Plato's Laws on Legal Normativity

Ancient Philosophy Today 4 (Supplement):45-65 (2022)
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Abstract

According to Ronald Dworkin's mature views on jurisprudence, legal normativity depends on judges’ views about political morality. Plato's own mature views on this subject seem to take the contrary position as he claims that the law is expected to be authoritative in order to preserve a given state of affairs. Therefore, in Plato's view judges are not expected to interpret the law ubiquitously according to their own standards of political morality. In what follows, the discussion starts off by offering a brief account of Dworkin's interpretivism and some of its shortcomings. We shall then move on to Plato's account of legal normativity, especially his views on the authority of law, law as preservation, and finally the politics of law in the light of the debate between conservatism and progressivism.

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Andrés Rosler
Universidad de Buenos Aires (UBA)

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References found in this work

The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
Taking Rights Seriously.Ronald Dworkin - 1979 - Ethics 90 (1):121-130.
Practical Reason and Norms.Joseph Raz - 1975 - Law and Philosophy 12 (3):329-343.
Finding oneself in the other.Gerald Allan Cohen (ed.) - 2012 - Princeton University Press.

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