Institutionalized Reason The Jurisprudence of Robert Alexy

by Klatt, Matthias

• ISBN13: 9780199582068
• ISBN10: 0199582068
• Format: Hardcover
• Copyright: 2012-04-30
• Publisher: Oxford University Press

Summary

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 onthese 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.

Author Biography

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

Table of Contents

List of Contributors	p. ix
Robert Alexy's Philosophy of Law as System	p. 1
The Nature of Law
How Law Claims, What Law Claims	p. 29
Defect and Deviance in Natural Law Jurisprudence	p. 45
A 'Justified Normativity' Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz	p. 61
The Nature of Constitutional Rights
Legal Objectivity and the Illusion of Legal Principles	p. 115
Constitutional Rights and the Rule of Law	p. 132
The Doctrine of Balancingùits Strengths and Weaknesses	p. 152
Common Law Thinking in German Jurisprudenceùon Alexy's Principles Theory	p. 173
Alexy's Theory of Constitutional Rights and the Problem of Judicial Review	p. 201
The Principles Theory: How Many Theories and What is their Merit?	p. 218
Constitutional Rights and Statutory Limitations	p. 248
The Nature of Legal Argumentation
The Dual Character of Concepts and the Discourse Theory of Law	p. 275
Correctness and Legitimacy in the Discourse Theory of Law	p. 291
Balancing, Subsumption, and the Constraining Role of Legal Text	p. 307
Replies
Comments and Responses	p. 319
Bibliography of the Works of Robert Alexy in English	p. 357
Index	p. 361
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