The Mandate of Dignity : : Ronald Dworkin, Revolutionary Constitutionalism, and the Claims of Justice / / Drucilla Cornell, Nick Friedman.

A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world's most progressive constitutions. Despite Dworkin's discomfort with that do...

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Superior document:Title is part of eBook package: De Gruyter Fordham University Press Complete eBook-Package 2016
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Place / Publishing House:New York, NY : : Fordham University Press, , [2016]
©2016
Year of Publication:2016
Language:English
Series:Just Ideas
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Physical Description:1 online resource (152 p.)
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Other title:Frontmatter --
Contents --
Preface --
Introduction --
1. Integrity to the Past --
2. The Hegelian Conception of a Properly Constituted Community --
3. Law's Empire in South Africa --
4. The Quest for Unity of Value --
5. Integrity to Dignity --
6. Dignity and Responsibility in South African Law --
Conclusion --
Notes --
Index
Summary:A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world's most progressive constitutions. Despite Dworkin's discomfort with that document's enshrinement of "socioeconomic rights," his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy.Beginning with a critical overview of Dworkin's work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin's challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.
Format:Mode of access: Internet via World Wide Web.
ISBN:9780823268139
9783110729023
DOI:10.1515/9780823268139?locatt=mode:legacy
Access:restricted access
Hierarchical level:Monograph
Statement of Responsibility: Drucilla Cornell, Nick Friedman.