The Dworkin’s answer to Posner’s Economic Analysis of Law on Bush v. Gore Supreme Court decision
| Autor | Bernardo Gonçalves Fernandes - Raphaela Borges David - Daniel Felipe Paiva |
| Páginas | 1002-1012 |
1002 • XXVI World Congress of Philosophy of Law and Social Philosophy
The Dworkin’s answer to Posner’s
Economic Analysis of Law on Bush
v. Gore Supreme Court decision
Bernardo Gonçalves Fernandes1
Raphaela Borges David2
Daniel Felipe Paiva3
Abstract: This work intends to analyze the Supreme Court decision about the
acclaimed case Bush v. Gore through the main arguments present in the Ron-
ald Dworkin’s Integrity of Law and in Richard Posner’s Economic Analysis of
Law. In Posner’s arguments the decision was in accordance with the pragmatic
approach because it’s produced the most ecient allocation of resources. In
turn, Dworkin argues against Posner’s view, showing that was a badly awed
argument. According to him, emerges the need for Constitution’s moral in-
terpretation, to materialize the equity and freedom’s rights. It’ll be necessary
exhibit both theories, through the author’s comment, to conclude showing why
the arguments presented by Dworkin are more appropriated to a democratic
rule-of-law state. At last, and not least, we’ll analyze if the main argument was
able to inuence the judgments following.
Keywords: Bush vs. Gore. Integrity of Law. Economic Analysis of Law.
Ronald Dworkin and Richard Posner are two of the most im-
portant exponents of the North American law. Throughout the last de-
cades, they have been showing large contributions to the contemporary
philosophy of law, especially on the role of judges in the legal decision.
The meaning of this paper is to expose Dworkin’s critical reviews over
Posner’s position, including the last argument in the Bush v. Gore case.
1
http://lattes.cnpq.br/9044160342461871
2
http://lattes.cnpq.br/3437755965976884
3
http://lattes.cnpq.br/2051560120420945
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