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

Authors :
VELCANI, Majlinda
TIRI, Edvana
Source :
European Journal of Social Law / Revue Européenne du Droit Social; 2025, Vol. 66 Issue 1, p20-30, 11p
Publication Year :
2025

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. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
1843679X
Volume :
66
Issue :
1
Database :
Complementary Index
Journal :
European Journal of Social Law / Revue Européenne du Droit Social
Publication Type :
Academic Journal
Accession number :
181718769
Full Text :
https://doi.org/10.53373/REDS.2025.66.1.0192