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

philosophy of law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

by the philosopher

Ronald Dworkin Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American legal 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 ...

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

legal positivism In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This con ...

as presented by

H. L. A. Hart Herbert Lionel Adolphus Hart (; 18 July 190719 December 1992) was a British legal philosopher. One of the most influential legal theorists of the 20th century, he was instrumental in the development of the theory of legal positivism, which wa ...

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 the affected individuals. In other words, utilitarian ideas encourage actions that lead to the ...

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 and professed refusal of a citizenship, 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 cal ...

, reverse discrimination,

John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral philosophy, moral, legal philosophy, legal and Political philosophy, political philosopher in the Modern liberalism in the United States, modern liberal tradit ...

' theory of justice, and the

Hart Hart often refers to: * Hart (deer) * Hart (surname) 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 store ...

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

Further reading