Abstract

In conflicts arising under the Constitution between individual liberties and the public good, which must yield? The Supreme Court's decision in Brown v. Board of Education can be characterized as morally right, but was it legally right? Are there answers to these tough questions? What does Dworkin think? This paper will attempt to objectively, but critically address: (1) the scope of Dworkin's project; (2) his methodology; (3) primary assumptions on which his arguments rest; and (4) his views on the nature of the law and adjudication and the shortcomings of such theories. Although Dworkin's interpretive and legal integrity theories have contributed significantly to Anglo-American jurisprudential philosophy, this essay will attempt to explain Dworkin's jurisprudential theories while demonstrating their respective shortcomings.

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