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一、导言德沃金教授的法哲学理论博大精深,核心是关于“解释”(interpretation)的观点。实际上,《法律帝国》这本代表作的主题就是探索适应能够进一步满足司法需要的新的法律解释方法论。众所周知,法律的适用离不开解释,而解释的结论则可能会因人而异。于是,为了避免一人一是非的事态,怎样的解释才真正符合法律旨意就成为问题。
I. INTRODUCTION Professor Dworkin’s theory of jurisprudence is broad and profound. The core of his theory is about “interpretation.” In fact, the main theme of the “law empire” is to explore a new method of legal interpretation that can further satisfy the needs of the judiciary. It is well-known that the application of law can not be separated from interpretation and the conclusion of interpretation may vary from person to person. Thus, in order to avoid a person from right to wrong situation, what kind of explanation is really in line with legal will become a problem.