Equity or Dworkin’s Egalitarianism

Principles that Incorporate Policies Versus Principles that Stand on Their Own Ronald Dworkin contended that the process of judicial interpretation in the United States and the United Kingdom is and should be regulated by egalitarian principles that are partially constitutive of the law. In c...

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Main Author:	Mark Gould
Format:	Article
Language:	deu
Published:	Ancilla Iuris 2016-08-01
Series:	Ancilla Iuris
Online Access:	https://anci.ch/articles/ancilla2016_61_gould.pdf

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spelling	doaj-76127e6d6b8e418da5f443d6e0cbb1a82020-11-24T22:21:30ZdeuAncilla IurisAncilla Iuris1661-86101661-86102016-08-016185Equity or Dworkin’s EgalitarianismMark Gould Principles that Incorporate Policies Versus Principles that Stand on Their Own Ronald Dworkin contended that the process of judicial interpretation in the United States and the United Kingdom is and should be regulated by egalitarian principles that are partially constitutive of the law. In contrast, I develop the rudiments of a theory of judicial activity that maintains the autonomy of principles, while recognizing that their very meaning is dependent on the consequences of their implementation. To make my argument manageable within the context of this paper, I contrast Dworkin’s notion of equality, which is essentially procedural, with an image of equity that merges formal and substantive claims, recognizes that the implementation of egalitarian norms may accentuate inequality, and mandates actions to enhance substantively egalitarian outcomes.https://anci.ch/articles/ancilla2016_61_gould.pdf
collection	DOAJ
language	deu
format	Article
sources	DOAJ
author	Mark Gould
spellingShingle	Mark Gould Equity or Dworkin’s Egalitarianism Ancilla Iuris
author_facet	Mark Gould
author_sort	Mark Gould
title	Equity or Dworkin’s Egalitarianism
title_short	Equity or Dworkin’s Egalitarianism
title_full	Equity or Dworkin’s Egalitarianism
title_fullStr	Equity or Dworkin’s Egalitarianism
title_full_unstemmed	Equity or Dworkin’s Egalitarianism
title_sort	equity or dworkin’s egalitarianism
publisher	Ancilla Iuris
series	Ancilla Iuris
issn	1661-8610 1661-8610
publishDate	2016-08-01
description	Principles that Incorporate Policies Versus Principles that Stand on Their Own Ronald Dworkin contended that the process of judicial interpretation in the United States and the United Kingdom is and should be regulated by egalitarian principles that are partially constitutive of the law. In contrast, I develop the rudiments of a theory of judicial activity that maintains the autonomy of principles, while recognizing that their very meaning is dependent on the consequences of their implementation. To make my argument manageable within the context of this paper, I contrast Dworkin’s notion of equality, which is essentially procedural, with an image of equity that merges formal and substantive claims, recognizes that the implementation of egalitarian norms may accentuate inequality, and mandates actions to enhance substantively egalitarian outcomes.
url	https://anci.ch/articles/ancilla2016_61_gould.pdf
work_keys_str_mv	AT markgould equityordworkinsegalitarianism
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Equity or Dworkin’s Egalitarianism

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