Institutional Reason: The Jurisprudence of Robert Alexy

Hardcover | March 23, 2012

EditorMatthias Klatt

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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.

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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 contributi...

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

other books by Matthias Klatt

Format:HardcoverDimensions:400 pages, 9.21 × 6.14 × 0.01 inPublished:March 23, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199582068

ISBN - 13:9780199582068

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Table of Contents

Matthias Klatt: IntroductionPart I: Law and Legal Argument1. John Gardner: How Law Claims, What Law Claims2. Mark Murphy: Defect and Deviance in Natural Law Jurisprudence3. Stanley Paulson: A Justified Normativity Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz4. Larry Alexander: There Are No Legal Principles5. Maeve Cooke: Discourse Theory as Critical Theory: Responding to Contemporary Challenges6. Cristina Lafont: Correctness and Legitimacy in the Discourse Theory of Law7. Fred Schauer: Law and the Authority of Bad ArgumentsPart II: Constitutional Rights8. T.R.S. Allan: Constitutional Rights and the Rule of Law9. Mattias Kumm: The Rationalist Human Rights Paradigm, Socratic Contestation and the Point of Judicial Review10. Julian Rivers: Constitutional Rights and Statutory Limitations11. Matthias Jestaedt: The Theory of Balancing: Its Strengths and its Weaknesses12. Jan Henrik Klement: A Theory That Explains Everything: On Robert Alexy's Principle Theory of Basic Rights13. Ralf Poscher: The Principle Theory: Insights, Errors and Self-misunderstandingPart III: The System14. Matthias Klatt: The System of Robert Alexy15. Robert Alexy: 14 Replies