Fr. 208.80

Institutional Reason - The Jurisprudence of Robert Alexy

English · Hardback

Will be released 15.01.2011

Description

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Informationen zum Autor Matthias Klatt is Professor for Public Law! EU Law! Public International Law and Jurisprudence at the University of Hamburg Klappentext 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. Institutionalized Reason deserves a close reading by anyone interested in legal theory and Constitutional Rights. Sas Ansari, Transnational Legal Theory Zusammenfassung 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. Inhaltsverzeichnis Matthias Klatt: Introduction; Part I: Law and Legal Argument; 1 John Gardner: How Law Claims! What Law Claims; 2 Mark Murphy: Defect and Deviance in Natural Law Jurisprudence; 3 Stanley Paulson: A Justified Normativity Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz; 4 Larry Alexander: There Are No Legal Principles; 5 Maeve Cooke: Discourse Theory as Critical Theory: Responding to Contemporary Challenges; 6 Cristina Lafont: Correctness and Legitimacy in the Discourse Theory of Law; 7 Fred Schauer: Law and the Authority of Bad Arguments; Part II: Constitutional Rights; 8 T.R.S. Allan: Constitutional Rights and the Rule of Law; 9 Mattias Kumm: The Rationalist Human Rights Paradigm! Socratic Contestation and the Point of Judicial Review; 10 Julian Rivers: Constitutional Rights and Statutory Limitations; 11 Matthias Jestaedt: The Theory of Balancing: Its Strengths and its Weaknesses; 12 Jan Henrik Klement: A Theory That Explains Everything: On ...

Product details

Authors Matthias Klatt
Assisted by Matthias Klatt (Editor), Matthias (Professor of Law at the University of Hamburg) Klatt (Editor)
Publisher Oxford University Press
 
Languages English
Product format Hardback
Release 15.01.2011, delayed
 
EAN 9780199582068
ISBN 978-0-19-958206-8
No. of pages 400
Subject Social sciences, law, business > Law

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