Resumo

AGUILERA PORTALES, Rafael Enrique. Human rights as political trumps in constitutional states: The dilemma between liberal and communitarian democracy in Ronald Dworkin. Probl. anu. filos. teor. derecho [online]. 2015, n.9, pp.377-408. ISSN 2448-7937.

In Dworkin's theory, legal reasoning depends upon moral reasoning due to moral principles that play an important role in hard cases. According to professor Calsamiglia, Dworkin elaborates a third theory of law, alongside natural law and legal positivism. I disagree, Dworkin's theory is a moderate version of natural law theory, a progressive and critical version of it that defends the notion of certain shared values, something of utmost importance in today's society. I will claim that this aspect of Dworkin's theory is one of the most salient in his work, a recognition of shared values and principles in political and legal decisions.

Palavras-chave : Ronald Dworkin; Liberalism; Democracy; Morality and Law; Constitutions; Natural Law Theory; Legal Positivism.

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