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

• 1: Matthias Klatt: Robert Alexy's Philosophy of Law as System
• Section 1: The Nature of Law
• 2: John Gardner: How Law Claims, What Law Claims
• 3: Mark C. Murphy: Defect and Deviance in Natural Law Jurisprudence
• 4: Stanley L. Paulson: 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: Larry Alexander: Legal Objectivity and the Illusion of Legal Principles
• 6: T.R.S. Allan: Constitutional Rights and the Rule of Law
• 7: Matthias Jestaedt: The Doctrine of Balancing - its Strengths and Weaknesses
• 8: Jan Henrik Klement: Common Law Thinking in German Jurisprudence - on Alexy's Principles Theory
• 9: Mattias Kumm: Alexy's Theory of Constitutional Rights and the Problem of Judicial Review
• 10: Ralf Poscher: The Principles Theory
• 11: Julian Rivers: Constitutional Rights and Statutory Limitations
• Section 3: The Nature of Legal Argumentation
• 12: Maeve Cooke: The Dual Character of Concepts and the Discourse Theory of Law
• 13: Cristina Lafont: Correctness and Legitimacy in the Discourse Theory of Law
• 14: Frederick Schauer: Balancing, Subsumption, and the Constraining Role of Legal Text
• Section 4: Comments and Responses
• 15: Robert Alexy: Comments and Responses