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

By: Contributor(s): Material type: TextTextSeries: Just IdeasPublisher: New York, NY : Fordham University Press, [2016]Copyright date: ©2016Description: 1 online resource (152 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780823268108
  • 9780823268139
Subject(s): DDC classification:
  • 342.001 23
Other classification:
  • online - DeGruyter
Online resources: Available additional physical forms:
  • Issued also in print.
Contents:
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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780823268139

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

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

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.

Issued also in print.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 02. Mrz 2022)