Institutionalized Reason: The Jurisprudence of Robert Alexy

by Matthias Klatt

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:	NOOK Book
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 Klatt
Part I: Law and Legal Argument
1. How Law Claims, What Law Claims, John Gardner
2. Defect and Deviance in Natural Law Jurisprudence, Mark Murphy
3. A Justified Normativity Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz, Stanley Paulson
4. There Are No Legal Principles, Larry Alexander
5. Discourse Theory as Critical Theory: Responding to Contemporary Challenges, Maeve Cooke
6. Correctness and Legitimacy in the Discourse Theory of Law, Cristina Lafont
7. Law and the Authority of Bad Arguments, Fred Schauer
Part II: Constitutional Rights
8. Constitutional Rights and the Rule of Law, T.R.S. Allan
9. The Rationalist Human Rights Paradigm, Socratic Contestation and the Point of Judicial Review, Mattias Kumm
10. Constitutional Rights and Statutory Limitations, Julian Rivers
11. The Theory of Balancing: Its Strengths and its Weaknesses, Matthias Jestaedt
12. A Theory That Explains Everything: On Robert Alexy's Principle Theory of Basic Rights, Jan Henrik Klement
13. The Principle Theory: Insights, Errors and Self-misunderstanding, Ralf Poscher
Part III: The System
14. The System of Robert Alexy, Matthias Klatt
15. 14 Replies, Robert Alexy