Ulteriori informazioni
Zusatztext …this volume helps us to gain a better understanding of the implications of Alexy's theory of legal argumentation, but also to identify new areas of research within the discourse theory of law. Informationen zum Autor George Pavlakos is Professor of Law and Philosophy at the University of Glasgow, UK. Klappentext A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular. Zusammenfassung This volume reflects the breadth of Alexy's philosophy, identifies new areas of inquiry and offers a new impetus to the discourse theory of law. Inhaltsverzeichnis PrefaceList of ContributorsIntroductionGeorge PavlakosPART ONE: A DEBATE ON LEGAL POSITIVISM1. The Argument from Justice, or How not to Reply to Legal PositivismJoseph Raz2. An Answer to Joseph RazRobert AlexyPART TWO: LAW AND MORALITY3. Why Law Makes No ClaimsNeil MacCormick4. How Non-Positivism Can Accommodate Legal CertaintyStefano Bertea5. Two Concepts of ObjectivityGeorge Pavlakos6. Discourse Ethics, Legal Positivism and the LawPhilippos VassiloyannisPART THREE: CONSTITUTIONAL RIGHTS7. Political Liberalism and the Structures of Rights: On the Place and Limits of the Proportionality RequirementMattias Kumm8. Proportionality, Discretion and the Second Law of BalancingJulian Rivers9. Human Rights and the Claim to Correctness in the Theory of Robert AlexyJan Sieckmann10. Three-Person JustificationJonathan GormanPART FOUR: DISCOURSE AND ARGUMENTATION11. Law's Claim to CorrectnessMaeve Cooke12. A Teleological Approach to Legal DialoguesGiovanni Sartor13. The Claim to Correctness and Inferentialism. Alexy's Theory of Practical Reason ReconsideredGiorgio Bongiovanni, Antonino Rotolo, Corrado Roversi14. The Concept of Validity in a Theory of Social ActionCarsten Heidemann15. The Weight Formula and ArgumentationBartosz BrozekPART FIVE: COMMENTS AND RESPONSES16. Thirteen RepliesRobert Alexy...
