A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification

Paperback | January 9, 2010

byRobert AlexyTranslated byRuth Adler, Neil Maccormick

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What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theoristsand philosophers of law. They are pressing issues for practising lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legalargumentation.A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and Germanphilosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book.

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What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theoristsand philosophers of law. They are pressing ...

Robert Alexy has been Professor of Public Law and Legal Philosophy at Christian Albrechts University, Kiel, since 1986. He was President of the German Section of the International Association for Philosophy of Law and Social Philosophy (IVR) from 1994-1998. Other books published by OUP include A Theory of Constitutional Rights and Th...
Format:PaperbackDimensions:352 pagesPublished:January 9, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199584222

ISBN - 13:9780199584222

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Table of Contents

IntroductionReflections on some Theories of Practical Discourse1. Practical Discourse in Analytic Moral Philosophy2. Habermas' Consensus Theory of Truth3. The Theory of Practical Deliberation of the Erlangen School4. Chaim Perelman's Theory of ArgumentationsOutline of a Theory of General Rational Practical DiscourseA Theory of Legal Argumentation1. Legal Discourse as a Special Case of General Practical Discourse2. The Outline of a Theory of Legal Argumentation3. Legal and General Practical DiscourseAppendix