德沃金权利论法哲学探析

A Discussion of the Jurisprudence of Dworkin's "Right Thesis"

权利观是德沃金法哲学的核心内容。通过批判以哈特的实证主义法哲学,德沃金提出了他的权利论法哲学,认为人们不但享有法律明文规定的权利,而且有先于法律规定的权利之外的权利。这种权利既是政治权利,也是一种强硬意义上的个人有反抗政府和国家的道德上的权利。德沃金不像自然权利理论者那样预设权利的形而上的任何特征,认为权利观的基础是人的尊严和政治上的平等。

The viewpoints about right are the core contents of Dworkin＇s jurisprudence. By criticizing Hart＇s Jurisprudence of positivism, Dworkin puts forward his jurisprudence of ＂right thesis＂. Dworkin argues that people not only share the rights stipulated by the law, but also have the rights which are beyond the rights made by the law. Those rights are political rights as well as the rights by which a person can go against the government and country in the significance of toughness. Unlike the theoreticians of natural rights which presuppose metaphysical characters for rights, Dworkin holds the viewpoint that the right is based on human dignity and political equality.