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The Collapse of Positivist Jurisprudence Into Legal Realism After Dworkin
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DIN 19426-1:2017-09, Auto-ID-Systeme zur digitalen Kennzeichnung und Klassifizierung von PSA_- Teil_1: Nummernstruktur, mit CD-ROM
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no DOI — not checkedOn the Genealogy of Morals
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no DOI — not checkedTalk about 'interpretation,' in short, isn't really doing any work in Dworkin: one can interpret the concept 31 conscious rational human beings exist. This set of assumptions shows that Coleman has no theory of subjectivity. There is a whole tradition of philosophy, in which Hegel, Nietzsche and Lacan are prominent, that rejects the pre-legality of the human subject. In this tradition, law and the subject are mutually constitutive. Neither can exist without the other. If this is so, the question of law's utility to human subjectivity is ill-formed
no DOI — not checked187 In contrast, let me begin what I think Dworkin is saying about justification. Dworkin agrees that law is law, and it must be followed. The problem is, we are not sure what the law is. Law must be interpreted and constructed. But this does not mean there is no law. Judges are not just making it up, as in legal realism. A legal event is an object that exceeds prior symbolization. It forcefully obtrudes upon the world-view judge and is traumatic
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no DOI — not checkedColeman, Methodology, supra note 21, at 321. This is not Dworkin's point. Rather, Dworkin argues that, for those holding the value "government of laws, not men," justification/authorization is an important (but not the only) function of law. Dworkin does not deny that a legal system may exclude the principle-there might be the rule of men, not laws. For example, in many medieval kingdoms, the king was above the law and had no constraints on him at all. Dworkin would still recognize monarchy as a legal system
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