La teoría “dworkiniana” del razonamiento jurídico de Jeremy Waldron
el eslabón ignorado
DOI:
https://doi.org/10.5347/isonomia.v0i50.160Keywords:
Jeremy Waldron, Ronald Dworkin, legal reasoning, integrity, human dignityAbstract
Jeremy Waldron’s “Dworkinian” Theoryof Legal Reasoning: the Neglected Link
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.
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