Resumo

GALLEGO SAADE, Javier. Jeremy Waldron’s “Dworkinian” Theory of Legal Reasoning: the Neglected Link. Isonomía [online]. 2019, n.50, pp.6-48.  Epub 07-Ago-2020. ISSN 1405-0218.  https://doi.org/10.5347/isonomia.v0i50.160.

This article argues that Ibero-American legal theory has misunderstood Jeremy Waldron’s theory of legal reasoning, displaying it as a formalist theory of adjudication, and Waldron’s view as exclusive positivism. This originates in a distorted reading of his theory of law, which is explained, in turn, by the image of Waldron as Dworkin’s opponent, constructed by constitutional scholars. This article shows that Waldron holds a “dworkinian” theory of legal reasoning, which works as a link between his theory of democracy and his more recent theory of human dignity. Both features have been virtually ignored in Spanish-speaking academic circles.

Palavras-chave : Jeremy Waldron; Ronald Dworkin; legal reasoning; integrity; human dignity.