Institutionalized Reason The Jurisprudence of Robert Alexy
Innbundet /
2012
/ Engelsk
Product details
ISBN
9780199582068
Published
2012
Publisher
Oxford University Press
Weight
720 gr
Height
240 mm
Width
162 mm
Thickness
29 mm
Age
P, 06
Language
Product language
Engelsk
Format
Product format
Innbundet
Number of pages
384
Edited by
Biographical note
Matthias Klatt is Professor for Public Law, EU Law, Public International Law and Jurisprudence at the University of HamburgInstitutionalized Reason deserves high praise and thoughtful study.
John Adenitire, Jurisprudence
Institutionalized Reason deserves a close reading by anyone interested in legal theory and Constitutional Rights.
Sas Ansari, Transnational Legal Theory
This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The contributions explore the issues surrounding the complex relations between rights, law, and morality and reflect on Alexy's distinctive work on these issues.
The focus across the contributions is on Alexy's main pre-occupations - his anti-positivist views on the nature of law, his approach to the nature of legal reasoning, and his understanding of constitutional rights as legal principles. In an extended response to the contributions in the volume, Alexy develops his views on these central issues.
The volume's juxtaposition of Anglo-American and German perspectives brings into focus the differences as well as the prospect of cross-fertilization between Continental and Anglo-American work in jurisprudence.
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This volume brings together leading figures from Anglo-American and German legal philosophy and constitutional theory to examine themes from the influential work of Robert Alexy. The topics covered include the nature of law and legal reasoning, and the nature of constitutional rights.
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1. Robert Alexy's Philosophy of Law as System ; SECTION 1: THE NATURE OF LAW ; 2. How Law Claims, What Law Claims ; 3. Defect and Deviance in Natural Law Jurisprudence ; 4. A 'Justified Normativity' Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz ; SECTION 2: THE NATURE OF CONSTITUTIONAL RIGHTS ; 5. Legal Objectivity and the Illusion of Legal Principles ; 6. Constitutional Rights and the Rule of Law ; 7. The Doctrine of Balancing - its Strengths and Weaknesses ; 8. Common Law Thinking in German Jurisprudence - on Alexy's Principles Theory ; 9. Alexy's Theory of Constitutional Rights and the Problem of Judicial Review ; 10. The Principles Theory ; 11. Constitutional Rights and Statutory Limitations ; SECTION 3: THE NATURE OF LEGAL ARGUMENTATION ; 12. The Dual Character of Concepts and the Discourse Theory of Law ; 13. Correctness and Legitimacy in the Discourse Theory of Law ; 14. Balancing, Subsumption, and the Constraining Role of Legal Text ; SECTION 4: COMMENTS AND RESPONSES ; 15. Comments and Responses
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Offers a comperehensive analysis of Alexy's contribution across his main interests in legal philosophy and constitutional law
Contributors include leading figures in the field, such as John Gardner, Trevor Allan, Stanley Paulson and Larry Alexander
Includes an extended reply from Alexy himself, responding to the essays and elaborating his views on a number of central questions in the philosophy of law
Represents ideal further reading for advanced students and scholars of Alexy's work
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Matthias Klatt is Professor for Public Law, EU Law, Public International Law and Jurisprudence at the University of Hamburg
Offers a comperehensive analysis of Alexy's contribution across his main interests in legal philosophy and constitutional law
Contributors include leading figures in the field, such as John Gardner, Trevor Allan, Stanley Paulson and Larry Alexander
Includes an extended reply from Alexy himself, responding to the essays and elaborating his views on a number of central questions in the philosophy of law
Represents ideal further reading for advanced students and scholars of Alexy's work
Read more
Product details
ISBN
9780199582068
Published
2012
Publisher
Oxford University Press
Weight
720 gr
Height
240 mm
Width
162 mm
Thickness
29 mm
Age
P, 06
Language
Product language
Engelsk
Format
Product format
Innbundet
Number of pages
384
Edited by