|Brocker I 594
Civil Rights/Dworkin: Dworkin's theory recognizes individuals' valid claims against the state independently of any explicit legislation. This means, for example, that the dark-skinned slaves had rights from the outset that were incompatible with their status as slaves and also with the later system of racial segregation in the southern states. They have always had these rights in a legal sense.
Thesis: the Supreme Court did not create a new law with its famous 1954 judgment in the Brown vs. Board of Education case, which declared racial segregation unconstitutional; it corrected earlier legal errors. (1)
1. cf. Ronald Dworkin, Taking Rights Seriously, Cambridge, Mass. 1977 (erw. Ausgabe 1978). Dt.: Ronald Dworkin, Bürgerrechte ernstgenommen, Frankfurt/M. 1990.
Bernd Ladwig, „Ronald Dworkin, Bürgerrechte ernstgenommen“ in: Manfred Brocker (Hg.) Geschichte des politischen Denkens. Das 20. Jahrhundert. Frankfurt/M. 2018_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
Taking Rights Seriously Cambridge, MA 1978
Geschichte des politischen Denkens. Das 20. Jahrhundert Frankfurt/M. 2018