LEGAL PRINCIPLES AND THE PRINCIPLE OF EQUALITY UNDER THE LENS OF PHILOSOPHERS. THE RAWLS-DWORKIN CASE

The purpose of this paper is to analyze how legal principles make legal and sub-legal regulation in society.And more specifically how the principles of equality intervene to protect the interests of members of society.Legal principles are an inseparable and essential part of law and justice.When dealing with cases of changing the structures of rights, in other words, a restructuring of their scheme, it must be borne in mind that if we want to increase the expectations of a certain group, we cannot lower the expectations of another group.This entire process is done in accordance with legal principles, and in particular with the principles of equality.As is known, philosophy and the philosophy of law as its branch, are sciences that deal with the ontological and epistemological interpretation and understanding of legal principles and the principle of equality.During the paper, we will focus on the analysis that legal philosophers such as John Rawls and Ronald Dworkin make of legal principles and the principle of equality seen in several different elements.The approach they have to the principle of equality will be examined, where their positions are united and where they are divided.Both philosophers make a categorization of the principle of equality based on different reference criteria.How are the positions of Rawls and Dworkin viewed by other researchers?Do their ideas match today's society or can we say that they have built "universal principles", where we all refer to.

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Publication Details

Journal
Revue Européenne du Droit Social
Published
2024-12-11
DOI
https://doi.org/10.53373/reds.2025.66.1.0192
Primary Topic
Political Philosophy and Ethics
Type
article
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article

LEGAL PRINCIPLES AND THE PRINCIPLE OF EQUALITY UNDER THE LENS OF PHILOSOPHERS. THE RAWLS-DWORKIN CASE

Edvana Tiri, Majlinda Velçani
Revue Européenne du Droit Social
Political Philosophy and Ethics
article

LEGAL PRINCIPLES AND THE PRINCIPLE OF EQUALITY UNDER THE LENS OF PHILOSOPHERS. THE RAWLS-DWORKIN CASE

Edvana Tiri, Majlinda Velçani
article en

Abstract

The purpose of this paper is to analyze how legal principles make legal and sub-legal regulation in society.And more specifically how the principles of equality intervene to protect the interests of members of society.Legal principles are an inseparable and essential part of law and justice.When dealing with cases of changing the structures of rights, in other words, a restructuring of their scheme, it must be borne in mind that if we want to increase the expectations of a certain group, we cannot lower the expectations of another group.This entire process is done in accordance with legal principles, and in particular with the principles of equality.As is known, philosophy and the philosophy of law as its branch, are sciences that deal with the ontological and epistemological interpretation and understanding of legal principles and the principle of equality.During the paper, we will focus on the analysis that legal philosophers such as John Rawls and Ronald Dworkin make of legal principles and the principle of equality seen in several different elements.The approach they have to the principle of equality will be examined, where their positions are united and where they are divided.Both philosophers make a categorization of the principle of equality based on different reference criteria.How are the positions of Rawls and Dworkin viewed by other researchers?Do their ideas match today's society or can we say that they have built "universal principles", where we all refer to.

Revue Européenne du Droit SocialVol. 66(1)
Peace, Justice and strong institutions
Openalex Percentile: Top 62%
Political Philosophy and Ethics
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