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