What is meant by the term "rational legal argument"? To what extent can legal theory permit legal reasoning to be rational? Is the demand for rationality in legal affairs justified? What are the criteria for rationality? In addressing these questions, Alexy first develops a general theory of practical discourse based on insights from Anglo-Saxon and German moral and legal philosophy. He then sets out a new theory of rational legal discourse, which will stand as a major contribution to the study of legal reasoning.

A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification

Alexy, Robert

MacCormick, Neil

Adler, Ruth

Criminal Law

Oxford University Press

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.

A Theory of Constitutional Rights

Reference

Rivers, Julian

Words, Language & Grammar

The Argument from Injustice: A Reply to Legal Positivism

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.

The Argument from Injustice: A Reply to Legal Positivism (Law)

Politics & Social Sciences

Paulson, Stanley L.

Paulson, Bonnie L.

Philosophy

Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument from Injustice (OUP 1992).The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, and proportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as themathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.

Law's Ideal Dimension

Legal Theory & Systems

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.

Paulson, Stanley

Paulson, Bonnie

What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book.

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.

Aus dem Inhalt Horst Eidenmueller: Der homo oeconomicus und das Schuldrecht. Herausforderungen durch Behavioural Law and Economics Nils Jansen: Theoriebildung in der europäischen Privatrechtsdogmatik Katja Langenbucher: Recht und Zeit. Eine Untersuchung zur Wirkung von Rechtsprechungsänderungen im Privatrecht Christiane Wendehorst: Rechtsobjekte Armin Engländer: Der Begriff der freien Überzeugung in º 261 StPO im Lichte der Erkenntnistheorie Andreas Hoyer: Der Verhältnismäáigkeitsgrundsatz als Strukturelement der Rechtfertigungsgruende Joachim Renzikowski: Normentheorie und Strafrechtsdogmatik Frank Saliger: Rechtsphilosophische Probleme der Rechtsbeugung Karl-Eberhard Hain: Freiheit unter Friedlichkeitsvorbehalt? Eine rechtsphilosophische und methodologische Kritik Dirk Heckmann: Das Paradoxon von individueller Freiheit und öffentlicher Sicherheit. Elemente einer Theorie komplementärer Risikoverteilung in Raum und Zeit Stefan Huster: Sozialstaat oder soziale Gerechtigkeit? Zum Spannungsverhältnis von politischer Philosophie und Verfassungsrecht am Beispiel der Altersrationierung im Gesundheitswesen Mattias Kumm: Liberale Gerechtigkeitstheorien und die Struktur der Grundrechte Jan-Reinard Sieckmann: Der Begriff der Enteignung.

Juristische Grundlagenforschung: Tagung der Deutschen Sektion der Internationalen Vereinigung fuer Rechts- und Sozialphilosopie (IVR) vom 23. bis 25. ... - Beihefte) (German Edition)

Franz Steiner Verlag

Theorie der juristischen Argumentation.

Suhrkamp

Theorie der Grundrechte.

Foreign Language Study & Reference

See the best price to sell, buy, or rent books by Alexy, Robert. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Alexy, Robert

See the best price to sell, buy, or rent books by Alexy, Robert. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification

A Theory of Constitutional Rights

The Argument from Injustice: A Reply to Legal Positivism (Law)

Law's Ideal Dimension

The Argument from Injustice: A Reply to Legal Positivism

A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification

A Theory of Constitutional Rights

Juristische Grundlagenforschung: Tagung der Deutschen Sektion der Internationalen Vereinigung fuer Rechts- und Sozialphilosopie (IVR) vom 23. bis 25. ... - Beihefte) (German Edition)

Theorie der juristischen Argumentation.

Theorie der Grundrechte.