La Jeremy Waldron’s “Dworkinian” Theory of Legal Reasoning: the Neglected Link
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Keywords

Jeremy Waldron
Ronald Dworkin
legal reasoning
integrity
human dignity

How to Cite

Gallego Saade, J. (2019). La Jeremy Waldron’s “Dworkinian” Theory of Legal Reasoning: the Neglected Link. Isonomía - Revista de Teoría y Filosofía del Derecho, (50). https://doi.org/10.5347/isonomia.v0i50.160

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Abstract

This article argues that Ibero-American legal theory has misunderstood Jeremy Waldron’s theory of legal reasoning, displaying it as a formalist theory of adjudication, and Waldron’s view as exclusive positivism. This originates in a distorted reading of his theory of law, which is explained, in turn, by the image of Waldron as Dworkin’s opponent, constructed by constitutional scholars. This article shows that Waldron holds a “dworkinian” theory of legal reasoning, which works as a link between his theory of democracy and his more recent theory of human dignity. Both features have been virtually ignored in Spanish-speaking academic circles.