Knežević Biljana: Poimanje prava Ronalda Dvorkina

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Poimanje prava Ronalda Dvorkina

Knežević Biljana

Summary

Biljana Knežević: Ronald Dworkin's understanding of law

The monograph deals with the analysis of the work of Ronald Dworkin, one of the greatest legal theorists of today, whose thought is particularly relevant in the context of the post-liberal new era and the fourth industrial revolution. The research is focused on ideal categories such as principles and integrity, and the goal of the research is to find legal solutions for an individualistic society.

The central thesis is that the aforementioned categories were not derived from an earlier, ancient Greek view, nor from classical philosophy, but, on the contrary, resulted from a complete break with the previous concepts of justice, morality and honesty. This discontinuity

It was created under the influence of different currents of postliberalism, announcing the beginning of a new theoretical and historical discourse. The study analyzes and discusses Dworkin's tendency to favor the principle of individual will, according to which law is presented as a private and not only a public matter; it primarily addresses the individual, who is no longer an abstract legal entity, but becomes an individual. Dworkin's entire oeuvre is presented as an announcement of a possible world autocracy which, applying the principle of the absence of general values, goes against basic democratic principles and undoubtedly changes the entire course of human history towards one, as Dworkin himself called it, religion. without God.

The whole experience of Dworkin's vision of law is presented as a new modus vivendi. In it, authority is based on cultural heteronomy and the existence of oppositely different experiences of law and morality. Dworkin's vision of unrestrained neo-individualism, freed from the restraints of civil society, is presented as a kind of forerunner of the so-called information, transhuman or posthuman society.

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