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Title: Taking Rights Seriously by Ronald Dworkin ISBN: 0-674-86711-4 Publisher: Harvard Univ Pr Pub. Date: October, 1978 Format: Paperback Volumes: 1 List Price(USD): $19.95 |
Average Customer Rating: 3.4 (5 reviews)
Rating: 1
Summary: Tyranny of a minority
Comment: Dworkin's thesis is that a tyranny of a minority is better than a tyranny of the majority. His argument is based on rigorous logic. But Justice Holmes observed that, "The life of the law has not been logic, it has been experience." Dworkin's theory is similar to those of Plato and Marx. But experience with the latters' theories has been negative. For an analysis of that experience, read Kark Popper's The Open Society and Its Enemies.
Rating: 4
Summary: His Logic is Flawless
Comment: ... and this is a welcome breeze in the current political fog of an America drowning in six-shooters and visceral-response-teams. The Dworkin-challenge before us is the discovery of rights as emanating from the individual, and their use in daily life. This is where Dworkin may break down. Unlike Dershowitz's "Shouting Fire", for example, Dworkin does not write as if there is a human behind the logic who is actually extolling our necessary freedoms. Perhaps it is just me, but I'd like to hold on to and celebrate my rights and yours; I'd also like to affect change-- as would Dworkin, on a global scale. Though he sees humanity's natural path to decency, his writing "feels" far too cold to be effective.
Dworkin is provocative, complex and though-full. This work shifts between levels of abstraction and works toward grand theories of natural-law that will flip less talented contemporaries on their collective heads. Because our job as citizens includes the requirement that we think (far beyond our childhood systems of ordering the world), "Taking Rights Seriously" should indeed be taken to heart and mind. My instinct is to suggest that one supplement Dworkin with John S. Mill and Dershowitz. With a nod to Dworkin, I "think" the latter suggestion is well-reasoned.
Rating: 3
Summary: misleading title
Comment: I have only read the first two chapters so far but mostly it is an attempt to discredit Justice John Marshall and his judicial review or judicial activism to cultivate individual rights or protect the common man from an abusive govt and the rich who have bought local and national politicians, with some nonsense about the priority of community or majority rules and principles. How dare the common man protest abuse by the majority!!! So much for freedom and the Bill of Rights. There is some suggestion that may redeem from the prospective that there maybe a better way to challenge injustice of the majority than use of judicial activism, but I haven't got that far yet.
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Title: The Concept of Law (Clarendon Law Series) by H. L. A. Hart, Raz Bulloch Hart ISBN: 0198761236 Publisher: Clarendon Pr Pub. Date: June, 1997 List Price(USD): $28.95 |
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Title: Law's Empire by Ronald Dworkin ISBN: 0674518365 Publisher: Harvard Univ Pr Pub. Date: March, 1988 List Price(USD): $22.50 |
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Title: A Theory of Justice (Belknap) by John Rawls ISBN: 0674000781 Publisher: Belknap Pr Pub. Date: September, 1999 List Price(USD): $24.95 |
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Title: Sovereign Virtue: The Theory and Practice of Equality by Ronald Dworkin ISBN: 0674008103 Publisher: Harvard Univ Pr Pub. Date: March, 2002 List Price(USD): $20.50 |
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Title: Justice as Fairness: A Restatement by John Rawls, Erin Kelly ISBN: 0674005112 Publisher: Harvard Univ Pr Pub. Date: May, 2001 List Price(USD): $19.95 |
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