JURISPRUDENCE MID-TERM TOPIC:- JURISPRUDENTIAL ASPECT

OF CASTE SYSTEM AND RESERVATION POLICY IN

INDIA

SUBJECT – JURISPRUDENCE

Submitted By- Submitted To-

SHIVANG MISHRA Dr. Rabindra Pathak

Roll No. – 466 Date – 03th of May. 2018

Sem. – VIII, Sec – B

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INTRODUCTION:-
Caste system is a unique feature of India but this uniqueness is not something to be proud of
by the Indians. The Sanskrit word for caste is “varna” which means colour1. There is usually
a general thought that the people who belong to the upper caste are fairer than the lower
caste. Thereby, a relation between discrimination based on the caste system in India and
racial discrimination between the whites and the Blacks can be inferred. Caste is closely
connected with Hindu philosophy and religion, custom and tradition, marriage and manners.
In India, we find more than 2800 castes and sub-castes. Of these, the major castes were
Brahmins, Kshatriyas, Vaishyas and Shudras. Caste system is the cause of social stratification
in India which further gives rise to various social stigmas such as untouchability. To put an
end to discrimination based on caste, and to redress the wrong in the past, the Indian
Constitution makers introduced the reservation system in India. For nearly sixty years, India,
through the policy of “reservations,” has attempted to put an end to its ancient caste system
by using quotas and other benefits to ensure that historically disadvantaged groups have
political voice, access to education, and opportunities for state employment.

The legal doctrine developed alongside this policy traces the national memory of the caste
system and its consequences, and reflects an understanding that the caste system has left a
pervasive mark on nearly every aspect of Indian society. India to eradicate caste based
discrimination and for the upliftment of the socially and economically backward classes,
brought up the concept of reservation. India has firmly embraced the concept of protective
discrimination in favour of the deprived people. The reservation policy in India originated
through the Indian Council Act, 1909, where four different communities were for the first
time provided reservation in politics. Later the Government of India Act, 1919 extended
reservation to ten communities and the Government of India Act, 1935 expanded it to
seventeen communities. The Indian constitution now provides reservation in favour of
scheduled caste, scheduled tribe, other backward classes and women2.

Existing scholarship on the reservation policy and its surrounding legal regime gives
scant attention to the strategies through which constitutional law navigates the authority of
caste communities. Among the few studies of the reservation policy in India, the most
exhaustive is Marc Galanter’s 1984 book Competing Equalities, which offers a detailed
description of the reservation policy and attempts to evaluate its overall effectiveness as a

1
C.N. SHANKAR RAO, “PRINCIPLES OF SOCIOLOGY WITH AN INTRODUCTION OF SOCIAL THOUGHT”, pg. 289
(1sted.).
2
MYNENI, “TEXT BOOK ON SOCIOLOGY FOR LAW STUDENTS”, (pg. 260, 1st ed. 2008).
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program of social reform3. The book focuses on the general outlines of constitutional
doctrine, such as caste quotas and the ways in which these benefits are assigned to
particular groups4. Galanter gives some attention to the expulsion and readmission of
members of castes and tribes, but he does not focus on the specific doctrinal and
theoretical questions that are the subject of this Note. Laura Dudley Jenkins’s 2003 study
Identity and Classification in India: Defining the Disadvantaged, explores the basic
tension at the heart of the reservation policy: the effort to eradicate caste while at the same
time giving it a permanent legal significance5. Jenkins, a political scientist, offers a
great deal of insight about the specific ways that the Indian state implements the
reservation policy. The book asks what the Indian case can offer as an example of an
effort to deconstruct a social hierarchy by reinforcing it, and the questions at the heart of
its argument are guided by social and postcolonial theory.6 Jenkins examines state
practice with a wide lens, as her focus is not only on constitutional law. On the other
hand, Jenkins devotes only one chapter to the legal doctrine of the reservation policy7.
Since her primary interest is the role of identity within India’s state-driven efforts at
social reform, Jenkins examines cases in which courts were asked to determine whether
a person was entitled to caste membership. Jenkins does not place these cases in a
broader discussion of the constitutional doctrine on the reservation policy, and does
not explain how these aspects of the doctrine might rest on a particular conception of
social order that shapes constitutional doctrine.

CASTE SYSTEM IN INDIA:-

Caste system is defined by Sir Herbert Risely as “a collection of families, bearing a common
name, claiming a common descent, from a mythical ancestor, human and divine, professing
to follow the same hereditary calling and regarded by those who are competent to give
opinion as forming a single homogeneous community8Caste leads to a hierarchical division
of society. A sense of highness and lowness is associated with the gradation or ranking. The
Brahmins are usually regarded as pure, while the Harijans are regarded as untouchables as
they fall in the lower position in the gradation. The status of an individual is determined by

3
MARC GALANTER, COMPETING EQUALITIES: LAW AND THE BACKWARD CLASSES IN INDIA (1984).
4
MARC GALANTER, COMPETING EQUALITIES: LAW AND THE BACKWARD CLASSES IN INDIA (pg.121-147, 1984).
5
LAURA DUDLEY JENKINS, IDENTITY AND IDENTIFICATION IN INDIA: DEFINING THE DISADVANTAGED (2003).
6
LAURA DUDLEY JENKINS, IDENTITY AND IDENTIFICATION IN INDIA: DEFINING THE DISADVANTAGED (pg-4,
2003)
7
LAURA DUDLEY JENKINS, IDENTITY AND IDENTIFICATION IN INDIA: DEFINING THEDISADVANTAGED (pg-27-41,
2003)
8
C.N. SHANKAR RAO, “PRINCIPLES OF SOCIOLOGY WITH AN INTRODUCTION OF SOCIALTHOUGHT”, (pg.290, 1 st
ed.)
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his birth and not by a person’s individual achievement. The membership of the caste is
therefore unchangeable, un-acquirable, non-transferable and unattainable. Each caste has its
own set of customs, traditions, and occupations9. However, industrialisation has brought a
change to the traditional caste based occupation because of the increase in job opportunities.
There have also been radical changes in the caste status due to several social, economic and
political institutions which causes social mobility among various caste groups. There have
been changes in the concept of pollution and purity as now the people belonging to different
castes sit beside each other and dine10. But these social changes that have occurred with
regard to caste system do not point out at the eradication of social stigma and social problems
that have been associated to it. Initially the people belonging to the lower caste were not
considered a legal personality11. But now there is no discrimination with regard to the
caste of a person, every person in India irrespective of whether or not he belongs to the
upper or lower caste is a legal personality. These are few changes and a lot has to worked
upon to achieve an egalitarian society.

HISTORY AND EVOLUTION OF CASTE SYSTEM AND RESERVATION

POLICY IN INDIA:-
Although scholars continue to debate the precise origins of the caste system, there is general
agreement among historians and anthropologists that it has existed in India for as long as two
thousand years12.The ancient Hindu scriptures, the Veda, describe a strict social hierarchy
that bears some resemblance to the modern Indian caste system13. According to the Veda, the
universe is organized into a strict classification scheme and a set of hierarchical relationships
that are reflected in the organization of society14. The relationship between the caste system
and the structure of the universe provided a deep religious justification for the stratification of
society according to caste, and its compartmentalization into sovereign communities with the

9
C.N. SHANKAR RAO, “PRINCIPLES OF SOCIOLOGY WITH AN INTRODUCTION OF SOCIAL THOUGHT”, (pg.291,
1st ed.).
10
MYNENI, “TEXT BOOK ON SOCIOLOGY FOR LAW STUDENTS”, (Pg. 95, 1st ed. 2008).
11
To have legal personality means the capacity to have legal rights and obligations within a certain legal
system such as entering into contracts.
12
OLIVER MENDELSOHN & MARIKA VICZIANY, THE UNTOUCHABLES 7 (1998) (“[W]hy the
varna system or Untouchability developed in India is far from clear, but perhaps it had something to do
with the incursion of ‘Aryans’ who migrated from Europe and established themselves in India.”); 1
ROMILA THAPAR, A HISTORY OF INDIA pg. 48-49 (2d ed. 1990).
13
BRIAN K. SMITH, CLASSIFYING THE UNIVERSE: THE ANCIENT INDIAN VARNA SYSTEM AND
THE ORIGINS OF CASTE pg. 46-47 (1994); see also LOUIS DUMONT, HOMO HIERARCHICUS: THE CASTE
SYSTEM AND ITS IMPLICATIONS pg. 65-89 (1970).
14
BRIAN K. SMITH, CLASSIFYING THE UNIVERSE: THE ANCIENT INDIAN VARNA SYSTEM AND
THE ORIGINS OF CASTE pg. 49 (1994)
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power to govern their own affairs15. The caste system divides society into discrete groups that
are traditionally associated with a certain profession and that strongly prohibit marriage
outside of the caste16. These groups exist in a hierarchical relationship to one another, and a
person born into a caste remains within it unless he or she is expelled from it17. By tradition,
moving from one caste to another was extremely difficult if not impossible; the caste
identity that one received at birth could not typically be altered by any means18. The caste
groups commonly known as “untouchables” are at the very bottom of the caste system and
have traditionally been subject to discrimination and severe forms of oppression by the higher
castes19. The relationships among the castes, especially between higher castes and the
untouchables, frequently take the form of physical distance20.The caste hierarchy is founded
on the belief that the lower castes can pollute the higher castes, and the fear that members of
the higher castes who have contact with the lower castes will be spiritually damaged21.Today,
caste remains a major feature of village life throughout India22. Drawing on fieldwork in
several North Indian villages conducted in 2002, for example, the sociologist Anirudh
Krishna concluded that “caste continues to be a primary source of social identity in these
villages23.”

Indeed, “people live in caste-specific neighbourhood,” and even “the clothes that they wear
reveal their caste identity24.” Some scholars point to changing features of the caste system,
such as the decline of some of its religious features and the decreasing number of seats in
Congress occupied by members of the higher castes, but they concede that, especially in rural
areas, caste remains a striking and fundamental aspect of life in many regions of the
country25. In addition to establishing a firm social hierarchy, the caste system also involves a
complicated distribution of political authority among the various communities that comprise

15
BRIAN K. SMITH, CLASSIFYING THE UNIVERSE: THE ANCIENT INDIAN VARNA SYSTEM AND
THE ORIGINS OF CASTE pg. 49 (1994)
16
DUMONT, HOMO HIERARCHICUS: THE CASTESYSTEM AND ITS IMPLICATIONS pg. 92-112 (1970).
17
MARC GALANTER, COMPETING EQUALITIES: LAW AND THE BACKWARD CLASSES IN INDIA at Pg. 8 (1984).
18
MARC GALANTER, COMPETING EQUALITIES: LAW AND THE BACKWARD CLASSES IN INDIA at Pg. 8(1984).
19
OLIVER MENDELSOHN & MARIKA VICZIANY, THE UNTOUCHABLES Pg. 5-20 (1998)
20
OLIVER MENDELSOHN & MARIKA VICZIANY, THE UNTOUCHABLES Pg.12-13 (1998)
21
MARC GALANTER, COMPETING EQUALITIES: LAW AND THE BACKWARD CLASSES IN INDIA at Pg. 14 (1984).
22
Dennis B. McGilvray, Paraiyar Drummers of Sri Lanka: Consensus and Constraint in an Untouchable Caste, 10
AM. ETHNOLOGIST 97 (1983) (arguing that upper castes and lower castes continue to agree about the
ideological underpinnings of the caste system); Ashutosh Varshney, Is India Becoming More Democratic?, pg.
59 J. ASIAN STUD. Pg. 3 (2000) (arguing that politics in South India is increasingly caste-based).
23
Anirudh Krishna, What Is Happening to Caste?: A View from Some North Indian Villages, pg. 62 J. ASIAN
STUD. Pg. 1171, pg. 1190 (2003).
24
Anirudh Krishna, What Is Happening to Caste?: A View from Some North Indian Villages, pg. 62 J. ASIAN
STUD. Pg. 1171, pg. 1190 (2003).
25
Craig Jeffrey, ‘A Fist is Stronger than Five Fingers’: Caste and Dominance in Rural North India, 26
TRANSACTIONS INST. BRIT. GEOGRAPHERS pg. 217, pg. 218
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the Hindu social structure. In some areas, castes are governed by a panchayat, an assembly
usually composed of a small number of representatives who promulgate legal standards to
govern the caste, and who resolve internal disputes relating to excommunication,
intermarriage, and other matters pertaining to the community26. On occasion, a panchayat
will consist of several members of other groups that are similarly situated in society. Each
group sends one or two elder members to one panchayat, which then exerts authority over
these subordinate groups. Typically, however, a panchayat is comprised of members of the
same caste who are all situated in a particular community27.

In its present form, the caste system does not establish merely a hierarchy of groups
in society, but also a system of political authority with formal terms of membership.
One’s particular caste is a form of identity, and also an affiliation to a community—with
some elements of sovereignty—that has limited authority to establish its own system of
governance28.

RESERVATION IN INDIA
Discrimination of people whether due to caste, creed or race not only hampers the mobility of
a particular society but also causes degeneration of the society. It would lead to half the
society being represented in the public while the other half remains unrepresented, leading to
all the benefits of the society being enjoyed only by the represented caste. To answer the
issue of inhuman subjugation such as bonded labour of the lower castes, the government has
to come up with a strategy for the inclusion of the minorities in the mainstream29
Affirmative action means positive steps that are taken to increase the representation of
have historically been omitted30.

Affirmative action or positive discrimination is the policy of preferring followers of a

deprived community who suffer from discrimination within a culture. The nature of
affirmative action policies differs from state to state. Some Nations, such as India, practise a
quota system, whereby a sure percentage of employments or school vacancies essentially be

26
George Mathew & Ramesh C. Nayak, Panchayats at Work: What It Means for the Oppressed?, 31 ECON. &
POL. WKLY. pg. 1765, pg. 1765-1768 (1996).
27
Robert M. Hayden, Excommunication as Everyday Event and Ultimate Sanction: The Nature of Suspension
from an Indian Caste, 42 J. ASIAN STUD. Pg. 291, pg. 294 (1983).
28
Robert M. Hayden, Excommunication as Everyday Event and Ultimate Sanction: The Nature of Suspension
from an Indian Caste, 42 J. ASIAN STUD. Pg. 294-296 (1983).
29
Quleen Kaur Bijral, “Affirmative action: the system of reservations and quotas in India”,(October 7 2015),
http://thelogicalindian.com/story-feed/awareness/affirmative-action-the-system-of-reservations-and-quotas-
in-india/.
30
Robert Fullinwider, “Affirmative Action”,(September 17, 2013),
http://plato.stanford.edu/entries/affirmative-action/#6.
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reserved for associates of a certain community. In some other States, specific quotas do not
exist; instead, members of minorities are given preference in selection processes. Reservation
in India is the process of setting aside a certain percentage of seats (vacancies) in government
institutions for members of backward and under-represented communities (defined primarily
by caste and tribe). Reservation is a form of quota-based affirmative action. Reservation is
administrated by constitutional laws, statutory laws, and local rules and
regulations. Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes
(OBC) ( and in some states Backward Classes among Muslims under a category called
BC(M) )are the major beneficiaries of the reservation policies under the Constitution – with
the objective of guaranteeing a level playing field.

Reservation in India for SC, ST and OBC:-

Mandal commission was established in India on 1979 by the Janata Party government under
Prime Minister Morarji Desai with an objective of classifying the socially and educationally
backward31. In 1980, the commission’s report acknowledged the practice of reservation under
the Indian law, whereby quotas in the field of government employment and education was
improved from 27 per cent to 49.5 per cent32.The Manda commission approved 11 criteria’s
that was grouped under social, educational and economic for determining if the caste was
backward33. A few criteria’s laid down by the Mandal commission were not legitimate
criteria's. For example one of the social criteria’s for a caste to be regarded as an Other
Backward Class (OBC) is that at least 25 per cent of the females and 10 per cent of the males
above the state average get married at the age below 17 years in rural areas and atleast10 per-
cent females and 5 per cent males do so in urban areas34. Social practices such as child
marriage is prevalent in India; even people of a lot of economically and educationally well to
do castes till this date get their children married below the age of 17 and continue such a
practice because it has traditionally been followed but they would still reap benefits
under the reservation policy.

AFFIRMATIVE ACTION AND RAWLS CONCEPT OF JUSTICE:-

A widely accepted theory of social justice is the one theorized by renowned American
philosopher John Rawls. John Rawls second principle of justice is called the difference

31
Arkoday Roy, Creamy Layer: The Mandal Commission View- The Present Day Exclusion, (February 13 2011),
http://www.legalservicesindia.com/article/article/creamy-layer-the-mandal-commission-view-535-1.html.
32
LALITA SHARMA, “SOCIAL MOVEMENTS IN INDIA” pg. 39 (1st ed. 2014).
33
LALITA SHARMA, “SOCIAL MOVEMENTS IN INDIA” pg. 39 (1st ed. 2014).
34
LALITA SHARMA, “SOCIAL MOVEMENTS IN INDIA” pg. 39 (1st ed. 2014).
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principle which states that a policy is just if it provides benefit for the least advantaged
group and if the access to privileged position is not blocked by discrimination on the basis
of irrelevant criteria In his book 'A theory of justice', Rawls says

"Justice is the first virtue of social institutions, as truth is of systems of thought. A theory
however elegant and economical must be rejected or revised if it is untrue; likewise laws and
institutions no matter how efficient and well-arranged must be reformed or abolished if they
are unjust".

The irrevocability of social justice in our culture is undoubted. Yet, it is tough to outline what
social justice essentially means. In a wide common sense, it refers to the equal treatment of
all the citizens without any social division based on caste, colour, race, religion, sex and so
on. Rawls theory of Justice absolutely supports the policy of affirmative action35 but he does
not provide an scope to which this principle of justice would hold well. According to Rawls
each person enjoys an inviolability founded on justice that even the welfare of the society as a
whole cannot override36.

AFFIRMATIVE ACTION AND CRITERIA OF DISTRIBUTIVE JUSTICE

BY JOHN FINNIS

John Finnis lays down the criteria for distributive justice. He states that equality is the
residual principle. According to him the objective of justice is not equality but common good.
If at the expense of wine more people can be preserved from illness, educated, defended then
such redistribution is the requirement of justice37. The following are the criteria’s given by
Finnis

 Need- Since the fundamental component is that of common good, if an individual is

in need then, distribution of justice should take place. Therefore through analogy it
can be inferred that if a SC (Scheduled Caste) student wants to pursue college
education, seat should be reserved for him
 Capacity- According to him if higher education is to be made available, either through
public or through private initiative, it should only go to those who are capable
of benefitting from it38.

35
Dr. Jan Garrett, “Rawls mature theory of social justice”, (August 24, 2005),
http://people.wku.edu/jan.garrett/ethics/matrawls.htm#2prin.
36
KLAUS R SCHERER, “JUSTICE:INTERDISCIPLINARY PERSPECTIVES” pg. 18 (CAMBRIDGE UNIVERSITY PRESS).
37
JOHN FINNIS, “NATURAL LAW AND NATURAL RIGHTS”, (2nded. 2011).
38
JOHN FINNIS, “NATURAL LAW AND NATURAL RIGHTS”, (2nded. 2011).
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Therefore, according to the second criteria, an implied requirement of merit is put forth by
Finnis. By a combined reading of the criteria of need and capacity, it would mean that
distributive justice must be procured to those who are in need of it and those who have the
capacity of benefitting from it. Therefore, if this criterion is applied to the reservation system
in India, it would mean that merit cannot be compromised with to a great extent. But in India
the difference in merit component between a Forward caste candidate and a backward caste
candidate is huge due to the reservation. Therefore, the present form of reservation practice in
India does not bestow justice.

CONCLUSION:-
India in the past has been considered as one of the most socially backward and under
developed countries and has finally tried to come out of its uncultured practice of
untouchability and degradation of the lower castes by way of reservation that is sanctioned by
the Constitution of India. But this policy has now gained political concern that it is
being used as a way to secure votes rather than as a method of social upliftment.

Instead of providing reservations in college education, the importance of schooling must be

increased39 and the standard of public schools must be compatible with that of the
private schools. By way of providing reservation during schooling, the concept of merit also
need not be compromised with. Also due to an increase in the quota of reservation, the public
feel rejected leading to traveling abroad for work which causes brain drain in India40.

A policy that was to be time limited so that it could come to an end when the society is sans
any of these discriminations now is not even nearing its end, rather we find groups that want
to consider themselves as socially backward like the Patidar reservation agitation and the Jat
reservation agitation. The Indian society with this regard is not moving forward but rather is
moving backward. Reservation is nowadays used to deny rather than respect the right
to equality. The preferential admissions programme will not have the effects their advocates
believed they will. We should make sure that the equal protection clause is not
misused to cheat ourselves41.

39
LALITA SHARMA, “SOCIAL MOVEMENTS IN INDIA” at pg. 56 (1st ed. 2014).
40
Quleen Kaur Bijral, “Affirmative action: the system of reservations and quotas in India”,(October 7 2015),
http://thelogicalindian.com/story-feed/awareness/affirmative-action-the-system-of reservations-and-quotas-
in-india/.
41
RONALD DWORKIN, “TAKING RIGHTS SERIOUSLY” at pg.239 (5th ed. 2010)
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REFERENCE & BIBLIOGRAPHY
 MARC GALANTER, COMPETING EQUALITIES: LAW AND THE BACKWARD
CLASSES IN INDIA 1984.
 LAURA DUDLEY JENKINS, IDENTITY AND IDENTIFICATION IN INDIA:
DEFINING THE DISADVANTAGED 2003
 C.N. SHANKAR RAO, “PRINCIPLES OF SOCIOLOGY WITH AN
INTRODUCTION OF SOCIAL THOUGHT”, 1st ed.
 MYNENI, “TEXT BOOK ON SOCIOLOGY FOR LAW STUDENTS”, 1st ed. 2008.
 OLIVER MENDELSOHN & MARIKA VICZIANY, THE UNTOUCHABLES
(1998) (“[W]hy the varna system or Untouchability developed in India is far from
clear, but perhaps it had something to do with the incursion of ‘Aryans’ who
migrated from Europe and established themselves in India.”);
 ROMILA THAPAR, A HISTORY OF INDIA 2d ed. 1990.
 LOUIS DUMONT, HOMO HIERARCHICUS: THE CASTE SYSTEM AND ITS
IMPLICATIONS (1970).
 BRIAN K. SMITH, CLASSIFYING THE UNIVERSE: THE ANCIENT INDIAN
VARNA SYSTEM AND
 THE ORIGINS OF CASTE (1994)
 DUMONT, HOMO HIERARCHICUS: THE CASTESYSTEM AND ITS
IMPLICATIONS (1970).
 Dennis B. McGilvray, Paraiyar Drummers of Sri Lanka: Consensus and Constraint in
an Untouchable Caste, 10 AM. ETHNOLOGIST (1983) (arguing that upper
castes and lower castes continue to agree about the ideological underpinnings of the
caste system); Ashutosh Varshney, Is India Becoming More Democratic?, 59 J.
ASIAN STUD. (2000) (arguing that politics in South India is increasingly caste-
based).
 Anirudh Krishna, What Is Happening to Caste?: A View from Some North Indian
Villages, 62 J. ASIAN STUD. (2003).
 Craig Jeffrey, ‘A Fist is Stronger than Five Fingers’: Caste and Dominance in
Rural North India, 26 TRANSACTIONS INST. BRIT. GEOGRAPHERS
 George Mathew & Ramesh C. Nayak, Panchayats at Work: What It Means for the
Oppressed?, 31 ECON. & POL. WKLY. (1996).
 Robert M. Hayden, Excommunication as Everyday Event and Ultimate Sanction:
The Nature of Suspension from an Indian Caste, 42 J. ASIAN STUD. (1983).

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 Robert Fullinwider, “Affirmative Action”,(September 17, 2013),
http://plato.stanford.edu/entries/affirmative-action/#6.
 Arkoday Roy, Creamy Layer: The Mandal Commission View- The Present Day
Exclusion, (February 13 2011),
http://www.legalservicesindia.com/article/article/creamy-layer-the-mandal-
commission-view-535-1.html.
 Dr. Jan Garrett, “Rawls mature theory of social justice”, (August 24, 2005),
http://people.wku.edu/jan.garrett/ethics/matrawls.htm#2prin.
 KLAUS R SCHERER, “JUSTICE:INTERDISCIPLINARY PERSPECTIVES”
(CAMBRIDGE UNIVERSITY PRESS).
 JOHN FINNIS, “NATURAL LAW AND NATURAL RIGHTS” 2nd ed. 2011.
 LALITA SHARMA, “SOCIAL MOVEMENTS IN INDIA” 1st ed. 2014.
 Quleen Kaur Bijral, “Affirmative action: the system of reservations and quotas in
India”,(October 7 2015), http://thelogicalindian.com/story-
feed/awareness/affirmative-action-the-system-of reservations-and-quotas-in-india/.
 RONALD DWORKIN, “TAKING RIGHTS SERIOUSLY” 5th ed. 2010

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