DOING JUSTICE TO RONALD DWORKIN: THE INTEGRITY OF THE LAW AND THE COMMUNITY OF PRINCIPLES INSTITUTED BY THE 1988 CONSTITUTION IN THE LIGHT OF MENELICK DE CARVALHO NETTO

Abstract

The present paper aims to reread Dworkin's theses in the light of the work of Menelick de Carvalho Netto, in order to better understand the exact dimension of the transformations that Dworkin operates in the field of the theory of law (and, above all, of the theory of the Constitution) and thus lay the theoretical foundations for a critical appraisal of the reception of Dworkin's work in the light of the work of Menelick de Carvalho Netto. After a brief introduction, the divergence between Dworkin and the so-called neopositivist authors about judicial discretion will be used as a motto to present Menelick de Carvalho Netto's particular reading of Dworkin's work, concluding with the demonstration of how Dworkin operates, in the field of Law, the so-called linguistic-pragmatic turn.