Practice question · Estimate
In what year did Dworkin publish Taking Rights Seriously, the book that made the distinction between rules and principles standard?
Estimate on a scale from 1950 to 2000.
Hints
- The second half of the 1970s.
- The same decade as Bobbio's turn to function.
Show the answer
1977 (answers within ±3 count)
Why
1977. The distinction it made standard is the most portable idea in the book: rules apply all-or-nothing, so two conflicting rules cannot both survive, whereas principles have a dimension of weight and can be outweighed in one case while remaining fully in force for the next. Constitutional adjudication is largely an argument between principles in exactly this sense.
Practise Interpretation and Application
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