OXFORD UNIVERSITY PRESS

Institutionalized Reason: The Jurisprudence of Robert Alexy

ISBN : 9780199582068

Price(incl.tax): 
¥16,984
Author: 
Matthias Klatt
Pages
384 Pages
Format
Hardcover
Size
162 x 240 mm
Pub date
Feb 2012
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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.

Index: 

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

About the author: 

Matthias Klatt is Professor for Public Law, EU Law, Public International Law and Jurisprudence at the University of Hamburg

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