2000年大选案,可以说是近十多年来美国影响最大、最复杂、最有争议的案件之一。波斯纳和德沃金曾就该案展开争论,并对各自的法学理论进行了进一步的阐释:波斯纳希望借此案作为其实用主义进路的一个佐证,而德沃金则批判波斯纳对该案的实用主义进路的分析。而从两者对此案的分析中,均可见他们实际上都离不开以“人”作为分析的基本出发点,正是在这一点上,我们可看到波斯纳和德沃金两种理论得以沟通、结合和互补的可能性. The 2000 election can be said to be one of the most complicated, controversial and most controversial cases in the United States in the past decade or so. Posner and Dworkin debated the case and further explained his jurisprudence: Posner hopes to use the case as a corollary of his pragmatic approach, while Dworkin criticizes Posner Analysis of the case of pragmatism. From both the analysis of the case, we can see that they are virtually inseparable from “people ” as the basic starting point for analysis, it is at this point, we can see Posner and Dworkin two The possibility that theories can be communicated, combined and complemented.