商品簡介
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.
作者簡介
Drucilla Cornell is Professor of Political Science, Women's and Gender Studies, and Comparative Literature at Rutgers University. Her most recent books are the co-editeduBuntu and the Law: African Ideals and Postapartheid Jurisprudence and The Dignity Jurisprudence of the Constitutional Court of South Africa: Cases and Materials, Volumes I & II (both Fordham).
Nick Friedman holds a PhD in jurisprudence from Oxford and is an associate at Cravath, Swaine, and Moore.
