Paper's abstract

Cyril & Jimena Andino Sintez & Dorato, Dworkin's Hermeneutic Conception of Law. Another Paradigm
The conception of law developed by Ronald Dworkin may seem paradoxical. It seems to borrow its features to positivism as much as to jusnaturalism. We would like to show the specificity and interest of Dworkin's work by defending that this paradox in fact signals an epistemological break. Dworkin's concept of law rests on an innovative paradigm. Actually, the author conceives law not as a whole of given rules but as a discursive practice which meaning can only be determined by an interpretation of its uses. According to us, the author then develops a legal hermeneutic stemming from the world of the philosopher Hans- Georg Gadamer but distancing from him by a very peculiar stance his hermeneutic conception of law being at the same time objective and moral.

Key Words : Dworkin, Gadamer
t. 51, 2008 : p. 319-340

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