Institutionalized Reason: The Jurisprudence of Robert Alexy

by Matthias Klatt (Editor)

Overview

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.

Product Details

ISBN-13:	9780191624025
Publisher:	OUP Oxford
Publication date:	02/23/2012
Sold by:	Barnes & Noble
Format:	eBook
File size:	2 MB

About the Author

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

Table of Contents

Introduction, Matthias KlattPart I: Law and Legal Argument1. How Law Claims, What Law Claims, John Gardner2. Defect and Deviance in Natural Law Jurisprudence, Mark Murphy3. A Justified Normativity Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz, Stanley Paulson4. There Are No Legal Principles, Larry Alexander5. Discourse Theory as Critical Theory: Responding to Contemporary Challenges, Maeve Cooke6. Correctness and Legitimacy in the Discourse Theory of Law, Cristina Lafont7. Law and the Authority of Bad Arguments, Fred SchauerPart II: Constitutional Rights8. Constitutional Rights and the Rule of Law, T.R.S. Allan9. The Rationalist Human Rights Paradigm, Socratic Contestation and the Point of Judicial Review, Mattias Kumm10. Constitutional Rights and Statutory Limitations, Julian Rivers11. The Theory of Balancing: Its Strengths and its Weaknesses, Matthias Jestaedt12. A Theory That Explains Everything: On Robert Alexy's Principle Theory of Basic Rights, Jan Henrik Klement13. The Principle Theory: Insights, Errors and Self-misunderstanding, Ralf PoscherPart III: The System14. The System of Robert Alexy, Matthias Klatt15. 14 Replies, Robert Alexy