2001
Editions de l’Université Libre de Bruxelles
The responsibility to say what is right and to settle conflicts is borne more than ever by judges. Yet judgement remains a problematic and controversary notion. Is it a technical reasoning which consists in the application of law, or is it, on the contrary, an authoritative act which depends on judicial power? The legal philosophy of Ronald Dworkin overcomes this dilemma, underlining the double nature of judgements - at the same time reasonable and creative - and determining the conditions of their legitimacy. "Dworkin and Kant. Considerations on Judgement" shows the philosophical foundations of this approach to law, which