Explaining Ourselves to Ourselves

Authors

Jeremy Waldron, New York University School of LawFollow

Files

Description

Do Judges Need Theory? Ronald Dworkin thinks they do. He says that jurisprudence (which is another word for legal theory) is the ‘silent prologue to any decision at law’. Any argument made by a judge in a courtroom, says Dworkin, ‘assumes the kind of abstract foundation jurisprudence offers, and when rival foundations compete, a legal argument assumes one and rejects others’.

First Page

35

DOI

https://doi.org/10.5040/9781509961825.ch-003

Source Publication

New Essays on the Fish-Dworkin Debate

Source Editors/Authors

Thomas Bustamante, Margaret Martin

Publication Date

8-24-2023

Publisher

Hart Publishing

Recommended Citation

Jeremy Waldron, Explaining Ourselves to Ourselves, New Essays on the Fish-Dworkin Debate 35 (2023).
Available at: https://gretchen.law.nyu.edu/fac-chapt/2103