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Dworkin's theory of rights in the age of proportionality

Moller, Kai (2017) Dworkin's theory of rights in the age of proportionality. LSE Law, Society and Economy Working Papers (11/2017). London School of Economics and Political Science, Department of Law, London, UK.

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Abstract

There is probably no conceptualisation of rights more famous than Ronald Dworkin’s claim that they are ‘trumps’. This seems to stand in stark contrast to the dominant, proportionality-based strand of rights discourse, according to which rights, instead of trumping competing interests, ultimately have to be balanced against them. The goal of this article is to reconcile Dworkin’s work and proportionality and thereby make a contribution to our understanding of both. It offers a critical reconstruction of Dworkin’s theory of rights which does away with the misleading label of rights as ‘trumps’ and shows that, far from being in conflict with proportionality, properly understood Dworkin’s work supports and supplements that doctrine and provides a much-needed account of its moral foundation as being about human dignity, freedom, and equality.

Item Type: Monograph (Working Paper)
Official URL: http://www.lse.ac.uk/collections/law/wps/index.htm
Additional Information: © 2017 The Author
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 19 Apr 2018 13:53
Last Modified: 13 May 2020 23:34
URI: http://eprints.lse.ac.uk/id/eprint/87555

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