Dworkin's 'Best Light' Requirement and the Proper Methodology of Legal Theory

Posted: 29 Feb 2008

See all articles by Ofer Raban

Ofer Raban

University of Oregon - School of Law

Abstract

This is an examination of Ronald Dworkin's claim that the true theory of legal practice is the theory that puts legal practice in its best light. By best light Dworkin means a measure of desirability or goodness: the true theory of legal practice, says Dworkin, portrays the practice at its most desirable. Now why would that be the case? What's between the desirability of a theory and its truth? The article examines the reasons leading Dworkin to this strange claim. It then argues that the claim is ultimately unsustainable, but also that it contains much insight about legal practice: the true theory of legal practice need not put the practice at its most desirable, but there is much between maximizing desirability and the practice's standards. Dworkin's is another important effort to explain the normative aspect of legal validity - in a way that transcends both the crudeness of natural law, and legal positivism's attempt to wash its hands of this crucial aspect of law.

Suggested Citation

Raban, Ofer, Dworkin's 'Best Light' Requirement and the Proper Methodology of Legal Theory. Oxford Journal of Legal Studies, Vol. 23, No. 2, pp. 243-264, 2003, Available at SSRN: https://ssrn.com/abstract=815056

Ofer Raban (Contact Author)

University of Oregon - School of Law ( email )

1515 Agate Street
Eugene, OR Oregon 97403
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
762
PlumX Metrics