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Review of Taking Rights Seriously By Ronald Dworkin Brett Welcher PSC 129 February 12, 2004 "How do courts decide difficult or controversial lawsuits?" asks Ronald Dworkin, one of the leading figures in modern American jurisprudence. Dworkin's question goes to the heart of judging. Specifically, one of the central issues in jurisprudence concerns how judges deal with the "gaps" between abstract rules and concrete cases. This is what he refers to as the "question of fit, how should judges decide cases in which legal rules do not seem to fit a particular situation? In the book Taking Rights Seriously Dworkin has developed a theory that attempts to explain how judges should resolve these cases, which he labels "hard cases." Dworkin argues that law supplies a definite answer in hard cases. For Dworkin, judging is the practice of legal argumentation, the activity of solving disputes by constructing the best argument from general legal propositions (rules and principles)....

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