Equality, Entitlement, and Efficiency: Dworkin, Nozick, Posner, and Implications for Legal Theory

Authors

Stephen O'Hanlon, Temple University

Abstract

The article critically examines the legal theories of Ronald Dworkin, Robert Nozick, and Richard A. Posner, analyzing their respective approaches to values such as integrity, equality, libertarianism, and efficiency. It concludes that while each theory offers valuable insights, they also have significant limitations. Dworkin's emphasis on equality of resources is challenged for potential overreach, Nozick's libertarianism is critiqued for its impracticalities, and Posner's wealth maximization is faulted for neglecting moral and social considerations. The article advocates for a pluralistic and pragmatic legal theory that integrates rights, coercion, and efficiency, acknowledging the need for further interdisciplinary development.

Disciplines

Jurisprudence | Law | Taxation-Transnational

Recommended Citation

Stephen O'Hanlon, Equality, Entitlement, and Efficiency: Dworkin, Nozick, Posner, and Implications for Legal Theory, 8 Cardozo Pub. L. Pol’y & Ethics J. 31 (2009).
Available at: https://larc.cardozo.yu.edu/cplpej/vol8/iss1/4