Law, Rights and Discourse

The Legal Philosophy of Robert Alexy
Erscheinungsjahr 2007
ISBN: 978-1-84113-676-9
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 390 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 769 g

A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.

Autoren/Hrsg.

Pavlakos, George

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

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

Über Autor(innen)

George Pavlakos is Research Chair in Globalisation and Legal Theory at Antwerp University. He was previously the City Solicitor's Trust Lecturer in Jurisprudence at Queen's University Belfast. He has published widely in the areas of legal theory and philosophy; his other books include a monograph in German entitled Rechtsontologie und praktische Vernunft (Nomos Verlag, 2007) and an edited book entitled Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Hart Publishing, 2007).