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The Alexy-Poscher Debate on Legal Principles

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This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher.

The debate represents the German development of an enduring jurisprudential controversy over the concept and adjudicatory role of legal principles, classically addressed by HLA Hart and Ronald Dworkin. Alexy's principles theory, which has initially defined 'legal principles' as optimisation requirements, currently argues that they express an 'ideal ough...