''Taking Rights Seriously'' is a 1977 book about the

philosophy of law Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal vali ...

by the philosopher

Ronald Dworkin Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New Yo ...

. In the book, Dworkin argues against the dominant philosophy of Anglo-American

legal positivism Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin de ...

as presented by

H. L. A. Hart Herbert Lionel Adolphus Hart (18 July 190719 December 1992), known simply as H. L. A. Hart, was an English legal philosopher. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. His ...

in ''The Concept of Law'' (1961) and

utilitarianism In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for all affected individuals. Although different varieties of utilitarianism admit different charact ...

by proposing that rights of the individual against the state exist outside of the written law and function as "trumps" against the interests or wishes of the majority. Most of the book's chapters are revised versions of previously published papers. In addition to his critique of legal positivism and utilitarian ethics, Dworkin includes important discussions of constitutional interpretation, judicial discretion,

civil disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...

, reverse discrimination,

John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral, legal and political philosopher in the liberal tradition. Rawls received both the Schock Prize for Logic and Philosophy and the National Humanities Medal in 1 ...

' theory of justice, and the

Hart Hart often refers to: * Hart (deer) Hart may also refer to: Organizations * Hart Racing Engines, a former Formula One engine manufacturer * Hart Skis, US ski manufacturer * Hart Stores, a Canadian chain of department stores * Hart's Reptile W ...

–

Devlin Devlin may refer to: * Devlin (surname) * Devlin (given name) * Devlin (rapper), a British rapper * ''Devlin'' (TV series), a 1974 animated TV series by Hanna-Barbera * ''Devlin'', a 1988 novel by Roderick Thorp * ''The Devil and Max Devlin '' ...

debate on legislating morality. A revised edition of book, which includes a lengthy reply by Dworkin to his critics, was published in 1978.

See also