n Acta Juridica - 'End of History' jurisprudence : Dworkin in South Africa
|Article Title||'End of History' jurisprudence : Dworkin in South Africa|
|© Publisher:||Juta Law Publishing|
|Author||Emilios A. Christodoulidis|
|Publication Date||Jan 2004|
|Pages||64 - 85|
I never met the late Etienne Mureinik, though I have heard South Africans refer to him as the country's most brilliant public lawyer. What I have read of his - a critique of Ronald Dworkin's Law's Empire - was both fascinating and devastating. Fascinating because he paid Dworkin the great compliment of subjecting his work to a critique that sees it in its best light. Devastating because he levels it a blow from which it cannot recover, despite, I should stress here, Mureinik's own best efforts. It is captured in this thought: that according to the logic of law's 'integrity', an iniquity, once it has made a substantial enough incursion into a legal system, continues to proliferate under its own momentum. Let us call this the 'iniquity thesis'. It took hold in South Africa under apartheid. And it is, I will argue, what Dworkin's theory of integrity as prescription for legal practice can present no credible defence to.
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