Notes: The engagement of the interpreter in Dworkins’ constructive theory

Abstract

The methodological twist that began with Ronald Dworkin’s theory and his conception of Law as an interpretive concept and of interpretation as a constructive practice, raises some issues that remain under discussion. Some of them regard directly the methodological structure within his approach. As a matter of fact, there is an important discussion about the nature of the participant’s point of view –or internal point of view-, since it has some specific elements: among other characteristics, it’s a point of view from which, who makes a statement has a pretention of making a correct and true statement. This pretention is related to an important theoretical problem: the discussion about the possibility of arriving to a –unique- right answer in the resolution of legal cases. This problem, that remains an important and current issue in the philosophy of law can, on the other hand, be analyzed by using different theoretical approaches about the diverse formulations of the problem of the truth and truthfulness.