Ronald Bet365 sportsbook review (Ronald.Myles.Bet365 sportsbook review)1931Year11month11Born in Massachusetts, USA,At Harvard College、Bachelor’s degrees from Oxford University and Harvard University,Master’s degree from Yale University。Ronald·Bet365 sportsbook review(RonaldDworkin)Recognized as one of the most influential jurists and political philosophers in the world。What Bet365 sportsbook review demonstrates is a jurisprudence guided by political liberalism。Each of his important works has aroused widespread discussion,Among them are those who agree,There are also critics。Due to leukemia2013Year2month14Died in London at the age of81Years old.
The website of New York University School of Law calls Bet365 sportsbook review "perhaps one or two contemporary authors who will still be studied by legal scholars two hundred years later"。However,Bet365 sportsbook review’s influence is not limited to legal circles or professional academic circles,He is also one of the most well-known public intellectuals in the United States。From the U.S. Supreme Court’s decisions on abortion and euthanasia,Qualifications and nomination of justices,Fairness in tax system and health care policySex,Even major controversies such as the Bush administration’s anti-terrorism policies,Everyone can see Bet365 sportsbook review’s activities in public forumsLeaping figure。Bet365 sportsbook review’s comments on practical social politics,A law that has always been based on its high degree of consistency、Based on political and moral philosophy。Bet365 sportsbook review’s death,It is a great loss to the world’s legal community,His academic career and philosophical thoughts,Worth our understanding。
Law School
2013、2、16
Attachment: Bet365 sportsbook review’s life and academic thoughts
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Bet365 sportsbook review Yu1931Born in Providence, Rhode Island, USA(Providence)。When Bet365 sportsbook review was studying at Harvard University,I wanted to study literature at first,But his interest soon turned to philosophy。1953Bachelor of Arts in 19102_19108(B.A.)After degree, Bet365 sportsbook review won the Rhodes Scholarship(RhodesScholar)went to study at Oxford University。At Oxford,Bet365 sportsbook review’s interest shifted from philosophy to law。1955Year,Bet365 sportsbook review returned to Harvard University to continue studying law。Bet365 sportsbook review at Oxford,The famous jurist Hart(H.L.A.Hart)Already a professor of jurisprudence at Oxford University,But Bet365 sportsbook review never formally studied under Hart。The fate between them originated from,Hart happened to be an examiner for Bet365 sportsbook review's graduation exams,While marking Bet365 sportsbook review’s test paper,Hart was surprised that this American student got the highest score on every question,But besides the surprise,Hart is even more worried,Because this young student’s views in answering questions contain profound criticism of his legal positivism。Bet365 sportsbook review’s performance at that time foreshadowed,He would become Hart's most challenging theoretical opponent─although he would later also be Hart's successor at Oxford。
Bet365 sportsbook review1957After graduating Bet365from Harvard Law School,Did not enter academia immediately,But in practiceThe world has been experiencing for a while. exist1957‐58During the year, Bet365 sportsbook review served as the famous Judge Hand(LearnedHand)’s assistant。Hand was preparing for the Holmes Lecture at Harvard Law School(theHolmesLectures),He asked Bet365 sportsbook review to read his speech,And give him some comments。Although Bet365 sportsbook review strongly disagrees with Hand’s views on judicial review and constitutional interpretation,And had a heated argument with him,But in Hande’s memories,Bet365 sportsbook review is the best law clerk he has ever had。After,at1958‐62Bet365 sportsbook review in New York CitySullivan&CromwellWork as a lawyer in a firm,During this period, he mainly handled international business cases。1962Year,Bet365 sportsbook review receives his first official academic position,He applied to be an associate professor at Yale Law School。While at Yale,Bet365 sportsbook review once taught some basic legal subjects,Like tax law、Private International Law、International trade law, etc.。Bet365 sportsbook review is1987He strongly criticized President Reagan’s appointment of Burke(RobertBork)Justice of the Supreme Court of the United States,Interesting thing,Burke was Bet365 sportsbook review’s colleague at Yale Law School,The two of them once taught a law and economics course together。
1967Year,Bet365 sportsbook review published the paper "Patterns of Rules" that made him famous(TheModelofRules),In this article,He expressed his opinion of Hart in his masterpiece "The Concept of Law"(TheConceptofLaw,1961)A comprehensive attack on legal positivist arguments in a book。This paper started a forty-year-long processJiu's "Hart-Bet365 sportsbook review Controversy"(theHart‐DworkinDebate),This debate is still a focus of controversy in British and American jurisprudence。The biggest turning point in Bet365 sportsbook review’s academic career was1969Year。Although Bet365 sportsbook review’s criticism of Hart was sharp and unsparing,Hart appreciates Bet365 sportsbook review’s academic talent very much。Through Hart’s strong recommendation and intervention,Bet365 sportsbook review takes over Hart’s jurisprudence chair at Oxford。Bet365 sportsbook review has always been a quick thinker、Famous for being eloquent and well-dressed,These qualities make him a professor with a very personal style and unique charm in Oxford。Since1975Start of year,Bet365 sportsbook review is concurrently appointed as a professor of law and philosophy at New York University。Bet365 sportsbook review’s addition,Significantly improved the reputation of NYU Law School。He and the philosopher Nagel(ThomasNagel)Hekai’s “Special Discussion on Law, Politics and Social Philosophy”(ColloquiuminLegal,PoliticalandSocialPhilosophy)is the most prestigious in the world today,One of the most challenging academic forums。Including Bet365 sportsbook review himself,Papers published in this course,will receive intensive and in-depth discussions and criticism,Scholars who can be invited to publish papers,Don’t feel honored by this。
1998Year,Bet365 sportsbook review retires as Chair of Jurisprudence at Oxford University,In addition to continuing to teach at New York University,He was also a professor of jurisprudence at University College London(1998‐2008)With Professor Emeritus(2008‐). Bet365 sportsbook review's representative works include "Taking Rights Seriously"(TakingRightsSeriously,1977), "Issue of Principle"(AMatterofPrinciple,1985), "Bet365 sportsbook review Empire"(Law’sEmpire,1986), "Autonomy of Life"(Life’sDominion,1993), "Law of Freedom"(Freedom’sLaw,1996), "Supreme Virtue"(SovereignVirtue,2000), "Justice in Robes"(JusticeinRobes,2006), "Human Rights and Democratic Life"(IsDemocracyPossibleHere?,2006)and other books. Bet365 sportsbook review's academic career was filled with awards,2007Bet365 sportsbook review was awarded a grant from the Norwegian Parliament to establish,The "Holberg International Memorial Prize" with the reputation of Nobel Prize in the field of humanities and social sciences(HolbergInternationalMemorialPrize)。The Holberg Prize Academic Committee praised Bet365 sportsbook review for “elaborating a liberal Bet365 lotto reviewtheory of equality”,And emphasized that Bet365 sportsbook review is committed to developing a set of "original and highly influential,Legal theory that bases law on morality,The characteristic of this theory is that it combines abstract philosophical concepts and arguments with daily concrete laws、The unique ability to combine moral and political concerns”。
二、Thoughts
Bet365 sportsbook review’s legal philosophy begins with his criticism of legal positivism。Legal positivism represented by Hartthink,Law is a system of rules,Effective legal rules,It can be through certain social norms-for example"Recognition Rules"theRuleofRecognition)─to identify。For Bet365 sportsbook review positivism,The truth or falsity of a Bet365 sportsbook review proposition does not involve moral value judgment,It completely depends on certain social facts。For example,Is the Bet365 sportsbook review proposition "A has the right to publish drug advertisements on underground radio stations" true,Depends on whether legislators have actually enacted Bet365 sportsbook review regulations that allow people to publish drug advertisements through underground radio stations,Or whether past judicial decisions have recognized that people have such rights。As for why legislators’ decisions or judicial decisions can become the basis for supporting the truth of Bet365 sportsbook review propositions,It is completely a conventional arrangement in the Bet365 sportsbook review community。Bet365 sportsbook review positivists believe more,If a case does not have a valid Bet365 sportsbook review rule that can be applied,Or the rules themselves are vague and leave room for interpretation,At this time, the judge must use discretion(discretion)To resolve the Bet365 sportsbook review issues of this case。Cases that need to be resolved through discretion,There are usually multiple possible answers,But no answer is the only correct one。When the judge makes a decision,He is not applying the law,But like a legislator, he is free to resort to non-Bet365 sportsbook review criteria (such as policy or prevailing social values, etc.) to choose which solution he wants to adopt。
Bet365 sportsbook review completely opposes the view of legal positivism。In the article "Patterns of Rules",Bet365 sportsbook review thinksLegal system except rules(rules)In addition, it also includes principles(principles)。Take the above example,When we want to determine whether A has the right to publish drug advertisements on underground radio stations,We may think of applying the constitutional guarantee of freedom of speech,But the constitutional provisions such as "people have freedom of speech" are too vague,At this time we will resort to some abstract principles,For example, "The purpose of freedom of speech is to improve democratic procedures" or "Protecting freedom of speech is to promote personal self-realization", etc.,To demonstrate whether A has the right to publish drug advertisements on underground radio stations。According to Bet365 sportsbook review,These abstract moral principles cannot be discerned through social conventions such as recognition rules,The reason why these principles are legally binding,Because they can provide a persuasive interpretation of the concept of freedom of speech and the moral value it embodies,Rather than because they have been enacted or adopted by a competent authority (such as Congress or judges)。Bet365 sportsbook review claims,Judging whether a legal proposition is true,It is a process of constructing interpretation: we must base it on our understanding of the meaning or value presented by existing legal practices (such as the texts of past political decisions),Construct a set of principles that provide the best moral justification for overall legal practice,A legal proposition is true,If and only if it can be derived from this set of principles。Therefore,For Bet365 sportsbook review,Judge whether a legal proposition is true or false,It must involve some kind of moral value judgment。Bet365 sportsbook review does not deny it,Such a judgment is often controversial,But he thinks,Such a dispute is an interpretive one: that is what we are arguing about,What method can we use to understand some of the value concepts we all share-such as "the rule of law"、"Freedom"、"Equality"、"Democracy"Bet365 Poker、“Justice” etc.─better understanding。Bet365 sportsbook review further argued,When we engage sincerely in interpretive disputes,It must be assumed or recognized that there is a single correct answer to the question we are arguing,And this correct answer is what all parties in the debate are eager to seek。
What moral principles can govern a community (or at least the American society in which Bet365 sportsbook review lives)’s overall legal practice provides the best moral justification?Bet365 sportsbook review proposed "principled consistency"(Integrity)This abstract political moral principle to answer this question。Principled consistency “requires government to treat all citizens,Must speak with one voice、Act in a principled and coherent manner、Treat yourself to some peopleThe substantive standard of fairness or justice used,Expand to everyone。”(Bet365 sportsbook review,"Legal Empire",page174)Obviously,What the consistency of principle embodies is another more abstract one、A higher level of political moralityPrinciple,That’s what Bet365 sportsbook review calls the “supreme virtue”: equality,More precisely,The government should put every personmembers are considered equal (treatingasequals), give equal care and respect to everyone(equalconcernandrespect)。The so-called "equal care",Refers to the fact that the government should regard everyone’s life as equally important;“Equal respect”,Refers to the fact that the government should allow everyone to independently define the life ideals and life plans he wants to realize;A person must realize his or her own life ideals and life plans,Need various resources,Including external resources (such as property) and personal resources (such as physical condition and talents),Therefore,“Equal care and respect” contains a concept of equality of resources: the government should allow everyone to have equal resources to pursue the good life in his mind,As for what life goals everyone should choose,How to use the allocated resources to realize your life ideals,It is the individual’s own responsibility,The government should respect individuals’ free choices,No arbitrary interference。Another important proposition of Bet365 sportsbook review’s view of resource equality is,People must be responsible for their own real choices,But it should not be due to factors that have nothing to do with your own choices (such as the birth environment caused by pure luck、Race、Gender、Heredity、Differences in talent, etc.) and are in a more disadvantaged situation。Therefore,Equal resource allocation must be "aspiration-sensitive,blunt with endowment”(ambitionsensitive,endowmentinsensitive): For resource differences caused by personal self-selection,The government should not interfere,But unless there is appropriate compensation,Otherwise the government should not allow differences in resources due to pure luck,As for what amount of compensation is appropriate,Bet365 sportsbook review advocates using a "hypothetical insurance market" to make the decision。
Bet365 sportsbook review’s insight is that “equality” and “liberty” are not conflicting values,Equality's care and respect,This is the fundamental premise for the establishment of personal freedom,This is exactly what Bet365 sportsbook review’s political philosophy is aboutCore proposition: “Liberalism based on equality”。Start from this proposition,Bet365 sportsbook review put forward a set of views on "what is democracy"。Bet365 sportsbook review opposes "majoritarian view of democracy"(majoritarianconceptionofdemocracy),According to this view of democracy,Any decision made through majority rule,It has democratic legitimacy,Even if it may harm the rights of minorities。Bet365 sportsbook review believes that the democratic concept of majority supremacy lacks equal care and respect for citizens who are in the minority,He advocates a "partnership-style democracy" (partnershipconceptionofdemocracy): This view of democracy holds that citizens should see each other as equal participants in the collective enterprise of politics (partnership),“Democracy” bet365 casino live blackjackmeans the people govern themselves in this equal partnership。“Equal care”(equalconcern)With "self-governance"self‐government)They are the two major elements of partnership democracy。Through Universal、Equal right to vote and be elected to elect government officials or public opinion representatives,Of course it is the best way to promote the political community to care for all people equally,It is also one of the channels for citizens to participate in political decisions as equal partners to achieve self-governance;But the collective decision made by the political community in the name of the people,It is still necessary to respect the individual’s determination of his own life value and his choice of life goals,Instead of imposing the collective will on individuals through majority rule。Therefore,Bet365 sportsbook review thinks,Majority rule can only be carried out under the condition that the dignity and rights of every citizen as an equal partner are guaranteed,Only in order to have democratic legitimacy,Citizens have the obligation to obey them。
Bet365 sportsbook review pointed out,Including the United States,The constitutional structures of many mature democracies are not actually adoptedThe democratic view of majority supremacy。In fact,The protection of people’s basic rights in the Constitution,Just to ensure the governmentSystem design to care for and respect every member of the governance community equally。Therefore,Bet365 sportsbook review doesn’t think judicial violations at allThe constitutional review system faces the so-called "anti-majority dilemma"(n98lWermajoritariandifficulty)。This dilemma is about a few justices who have no basis in public opinion,Can actually overturn political decisions made by legislators who represent public opinion through majority rule,Isn’t there any concern about being “anti-democratic”??Such doubts are obviously rooted in the misconception that democracy is equal to majority rule,Once we adopt a partnership view of democracy,Such doubts will be easily solved。Bet365 sportsbook review thinks,Including the Lord Chancellor,The duty of judicial decisions is to defend the rights enjoyed by individuals as equal citizens,Instead of promoting policies aimed at collective interests。Under the concept of partnership democracy,Individual rights are not only a "trump card" used against collective policy decisions,Equal respect for individual rights,It is a necessary prerequisite for majority rule to have democratic legitimacy。Therefore,A judge who takes rights seriously,Not only not an opponent of democracy,On the contrary, he is the guardian of democracy。