Los Derechos Humanos en la Filosofía Analítica: Ronald Dworkin

Abstract

The paper deals with the way Ronald Dworkin –as H. L. A. Hart and John Rawls, to whom he follows– states the foundation to human rights. Certain presence of iusnaturalism in that foundation is pointed at, for Dworkin, as Hart and Rawls, seeks which ones would be the natural rights of man (one of them says that it would be freedom, and the other two that it would be equality), i.e, they are rights that cannot depend on social contract, because they are first to them and they are presupposed to it; and because of that, they cannot depend on the sole positivation. There is, then, a hidden or latent iusnaturalism in the foundation of human rights as moral rights,