Law, Rights and Discourse: The Legal Philosophy of Robert Alexy
Editat de Professor George Pavlakosen Limba Engleză Hardback – 11 iul 2007
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Specificații
ISBN-13: 9781841136769
ISBN-10: 184113676X
Pagini: 390
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.75 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 184113676X
Pagini: 390
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.75 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Cuprins
Preface
List of Contributors
Introduction
George Pavlakos
PART ONE: A DEBATE ON LEGAL POSITIVISM
1. The Argument from Justice, or How not to Reply to Legal Positivism
Joseph Raz
2. An Answer to Joseph Raz
Robert Alexy
PART TWO: LAW AND MORALITY
3. Why Law Makes No Claims
Neil MacCormick
4. How Non-Positivism Can Accommodate Legal Certainty
Stefano Bertea
5. Two Concepts of Objectivity
George Pavlakos
6. Discourse Ethics, Legal Positivism and the Law
Philippos Vassiloyannis
PART THREE: CONSTITUTIONAL RIGHTS
7. Political Liberalism and the Structures of Rights: On the Place and Limits of the Proportionality Requirement
Mattias Kumm
8. Proportionality, Discretion and the Second Law of Balancing
Julian Rivers
9. Human Rights and the Claim to Correctness in the Theory of Robert Alexy
Jan Sieckmann
10. Three-Person Justification
Jonathan Gorman
PART FOUR: DISCOURSE AND ARGUMENTATION
11. Law's Claim to Correctness
Maeve Cooke
12. A Teleological Approach to Legal Dialogues
Giovanni Sartor
13. The Claim to Correctness and Inferentialism. Alexy's Theory of Practical Reason Reconsidered
Giorgio Bongiovanni, Antonino Rotolo, Corrado Roversi
14. The Concept of Validity in a Theory of Social Action
Carsten Heidemann
15. The Weight Formula and Argumentation
Bartosz Brozek
PART FIVE: COMMENTS AND RESPONSES
16. Thirteen Replies
Robert Alexy
List of Contributors
Introduction
George Pavlakos
PART ONE: A DEBATE ON LEGAL POSITIVISM
1. The Argument from Justice, or How not to Reply to Legal Positivism
Joseph Raz
2. An Answer to Joseph Raz
Robert Alexy
PART TWO: LAW AND MORALITY
3. Why Law Makes No Claims
Neil MacCormick
4. How Non-Positivism Can Accommodate Legal Certainty
Stefano Bertea
5. Two Concepts of Objectivity
George Pavlakos
6. Discourse Ethics, Legal Positivism and the Law
Philippos Vassiloyannis
PART THREE: CONSTITUTIONAL RIGHTS
7. Political Liberalism and the Structures of Rights: On the Place and Limits of the Proportionality Requirement
Mattias Kumm
8. Proportionality, Discretion and the Second Law of Balancing
Julian Rivers
9. Human Rights and the Claim to Correctness in the Theory of Robert Alexy
Jan Sieckmann
10. Three-Person Justification
Jonathan Gorman
PART FOUR: DISCOURSE AND ARGUMENTATION
11. Law's Claim to Correctness
Maeve Cooke
12. A Teleological Approach to Legal Dialogues
Giovanni Sartor
13. The Claim to Correctness and Inferentialism. Alexy's Theory of Practical Reason Reconsidered
Giorgio Bongiovanni, Antonino Rotolo, Corrado Roversi
14. The Concept of Validity in a Theory of Social Action
Carsten Heidemann
15. The Weight Formula and Argumentation
Bartosz Brozek
PART FIVE: COMMENTS AND RESPONSES
16. Thirteen Replies
Robert Alexy
Recenzii
Bringing together first-tier legal philosophers and scholars of Alexy's work who represent many of the countries where his theory has enjoyed attention, this volume reflects the uncommon virtues of Alexy's seminal work: its philosophical depth, disciplinary breadth, and geographical reach. Avoiding the hagiographic bent, repetition and ill-founded criticism that often encumber collections of this kind, the editor has managed to stage a genuine dialogue between the authors and Alexy, a dialogue that offers a wealth of original insights into the discourse of law and, indeed, contemporary legal theory generally.
In short, this is a good and useful book not only to those interested in the ideas of Robert Alexy, but also to those with more general worries such as the relation between law and morality, the criteria to evaluate adjudication grounded in human rights, the structure of legal reasoning and the investigation on which sort of theory of law would be able to ground legal objectivity. Given the impact of Alexy's work across many jurisdictions, it is not clear why a comprehensive book on his contribution to legal theory has not been published in English before now. This lacuna has been filled by Law, Rights and Discourse.
.this volume helps us to gain a better understanding of the implications of Alexy's theory of legal argumentation, but also to identify new areas of research within the discourse theory of law.
In short, this is a good and useful book not only to those interested in the ideas of Robert Alexy, but also to those with more general worries such as the relation between law and morality, the criteria to evaluate adjudication grounded in human rights, the structure of legal reasoning and the investigation on which sort of theory of law would be able to ground legal objectivity. Given the impact of Alexy's work across many jurisdictions, it is not clear why a comprehensive book on his contribution to legal theory has not been published in English before now. This lacuna has been filled by Law, Rights and Discourse.
.this volume helps us to gain a better understanding of the implications of Alexy's theory of legal argumentation, but also to identify new areas of research within the discourse theory of law.