公 法 评 论 你们必晓得真理,真理必叫你们得以自由。
Freedom's Law : The Moral Reading
of the American Constitution
by Ronald Dworkin
List Price: $16.05
Paperback - 416 pages (April 1997)
Harvard Univ Pr; ISBN: 0674319281 ; Dimensions (in inches): 0.99 x 9.27 x 6.14
Editorial Reviews
Amazon.com
Freedom's Law is Dworkin's impassioned defense of free speech and conscience.
The thread that ties these essays together is his criticism of strict
historical interpretation of the Constitution, which holds that our modern-day
understanding must be strictly limited to the concerns of the Constitution's
framers, rather than the underlying principles embodied within. Divided into
three parts, the book examines the soundness of Roe v. Wade, defends a broad
reading of the First Amendment and attacks the nominations of Robert Bork and
Clarence Thomas. --This text refers to the Hardcover edition.
The New York Times Book Review
Ronald Dworkin, one of the most distinguished constitutional thinkers of our
time, offers us a collection of his previously published essays that is both
eloquently written and forcefully argued ... his defense of a vibrant, open,
and tolerant society is one of which John Stuart Mill would be proud. --This
text refers to the Hardcover edition.
Old Ideas for Re-Discussion, May 30, 1998
Reviewer: [email protected] from New York
City
Since this book consists of occasional pieces collected under a common rubric,
it's persuasive thrust will find its target in a readership that is already
sympathetic to Dworkin's legal and political philosophy. The arguments are not
finely made, as they are in, say, *Taking Rights Seriously*, or in *Life's
Dominion*. Many of the illustrative parables he uses, he's used before. That being
said, *Freedom's Law* is a good collection highlighting the contours of
Dworkin's fundamental objections to legal positivism. I think it is possible to
follow Dworkin's non-interpretivist method without arriving at the
same(moral)conclusions. But if you aren't already familiar with Dworkin's
intellectual base of operations, a better place to start would be *Taking
Rights Seriously* (easy to find) or, even better, his early and very important
essay, "Is Law a System of Rules?" reprinted in *The Philosophy of
Law* ed. by Dworkin (harder to find). To his credit, in this latter collection,
he gives ample space to views contrary to his own, such as Hart's positivism,
and Finnis' moral arguments against abortion.