LAW AND JUSTICE IN RONALD DWORKINS JURISPRUDENCE

Résumé

This paper examines law and justice in Dworkin’s jurisprudence as a middle course scholar between the naturalists and legal positivists’ theories in philosophy of law. The aim of this research is discourse law and justice in Dworkin’s jurisprudence and to also finds out whether he succeeded in solving the conflict between whether justice is just or fair based on legal rules,(procedural or legal justice), where the legal positivists’ belongs or justice is just or fair in itself based on content(substantive justice), where the naturalists’ belongs too. Objectively, this paper would (a) discourse Dworkins’ anti-legal positivists’ (b) it would expose Dworkin’s basis for law, (c) it will discuss law as integrity: the basis for justice,(d) to elaborate on what justice is to Dworkin, (e) and to see how Dworkin‘s notion on law and justice addressed this challenges of the justice system. This research is based on a qualitative design. Data for the study were gathered from journals, books and periodicals, and were subjected to the method of philosophical content analysis and evaluation. From here, this research finds out that; they is a need for a moderate considerations, by looking at the society, individual and the purpose from the interpreters, which Dworkin believes that defending individuals’ legal right are in the hands of the judges. This paper submits that they are needed to incorporate; the kind of society, the man and the purpose of the interpreter (the courts), before interpretations by the courts for a balanced legal system in our state.