CLAUDIO   BONVECCHIO

La tautologia del dubbio: riflessioni sul pensiero di Ronald Dworkin

 

N. 177

 

Summary - The essay focuses on the ambiguity of general principles of law in Dworkin's thought, where they play the role of the deus ex machina in order to solve every controversy hiding a juridical lack.

Such principles, in fact, if historically corresponding to a social economical-political pattern, either are not able to fill up the lack, or they transfer it on a policy-making level.

If they deny their historical features, they have but the alternative between the self identification with metaphysical religious postulates or the dependance on them. In all envisaged solutions, Dworkin does not seem able to give account - inside his thoughts - of controversial juridical cases and consequent lacks.