Work

Dworkin on Ordinary Language Philosophy and Legal Principles before the “Hart–Dworkin Debate”

Year: 2024

Type: article

Abstract: The work of Ronald Dworkin was central to the development of twentieth-century anglophone legal philosophy. This article offers the first discussion of a previously unknown and unpublished book manuscript by Dworkin which shows that he initially grounded his early legal thought in a wide-ranging methodological framework centered on ordinary language philosophy. Amidst heated debates over the draft for the Vietnam War, Dworkin developed a modified version of ordinary language analysis which, he contended, facilitated a critical stance towards what he called “conventional morality.” In this light, the widely acknowledged influence of the legal process school on Dworkin's early work appears as a transition from an earlier engagement with ordinary language philosophy. I conclude by tracing how Dworkin shifted towards the legal process school and how this reshaped the theoretical ambitions of his legal thought.

Source: Modern Intellectual History

DOI: 10.1017/s1479244324000386

Author: Samuel Burry

Institution: University of Oxford

Language: English

Topic: Comparative constitutional jurisprudence studies

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,450