Institutionalized Reason
The Jurisprudence of Robert Alexy
1st Edition
Published on 23. February 2012
Book
Hardback
384 pages
978-0-19-958206-8 (ISBN)
Description
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.
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.
Reviews / Votes
Institutionalized 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 *More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Academics and advanced students in the philosophy of law and constitutional theory
Dimensions
Height: 240 mm
Width: 162 mm
Thickness: 29 mm
Weight
720 gr
ISBN-13
978-0-19-958206-8 (9780199582068)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
02/2012
OUP eBook
€58.99
Available for download
Person
Matthias Klatt is Professor for Public Law, EU Law, Public International Law and Jurisprudence at the University of Hamburg
Content
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