Taking Rights Seriously - Dworkin Ronald

Taking Rights Seriously: A Review

In his seminal work, "Taking Rights Seriously," Ronald Dworkin presents a powerful and influential theory of rights. Dworkin argues that rights are not simply preferences or interests, but rather are moral entitlements that must be respected by the state. He develops a sophisticated account of how rights can be justified and how they should be enforced, and he argues that rights play a crucial role in a just and democratic society.

Dworkin's Theory of Rights

Dworkin's theory of rights is based on the idea that individuals have moral rights to certain things, such as life, liberty, and property. These rights are not granted by the state, but rather are inherent in our humanity. Dworkin argues that rights are not simply preferences or interests, but rather are moral entitlements that must be respected by the state.

Dworkin's theory of rights is controversial, but it has been influential in legal and political philosophy. His work has helped to shape our understanding of the nature of rights and how they should be protected.

The Justification of Rights

Dworkin argues that rights can be justified by appealing to moral principles. He identifies two main types of moral principles: consequentialist principles, which focus on the consequences of actions, and non-consequentialist principles, which focus on the inherent rightness or wrongness of actions. Dworkin argues that rights are justified by non-consequentialist principles, such as the principle of respect for persons.

The Enforcement of Rights

Dworkin argues that rights must be enforced by the state. He develops a theory of judicial review that allows judges to strike down laws that violate individual rights. Dworkin argues that judicial review is necessary to protect the rights of individuals from being violated by the state.

The Role of Rights in a Just and Democratic Society

Dworkin argues that rights play a crucial role in a just and democratic society. He argues that rights protect individuals from being harmed by the state and that they provide a foundation for democratic decision-making. Dworkin's theory of rights has been influential in shaping our understanding of the role of rights in a just and democratic society.

Conclusion

"Taking Rights Seriously" is a powerful and influential work of legal and political philosophy. Dworkin's theory of rights is controversial, but it has helped to shape our understanding of the nature of rights and how they should be protected. His work is essential reading for anyone interested in the philosophy of law and the role of rights in a just and democratic society.

Why You Should Buy This Book

"Taking Rights Seriously" is a must-read for anyone interested in the philosophy of law and the role of rights in a just and democratic society. Dworkin's work is clear, concise, and engaging, and he provides a powerful and persuasive argument for his theory of rights. If you are interested in learning more about the nature of rights and how they should be protected, then I highly recommend that you read "Taking Rights Seriously."