Alexy’s Theory of Law. Proceedings of the Special Workshop "Alexy’s Theory of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy in Belo Horizonte, 2013

Alexy’s Theory of Law. Proceedings of the Special Workshop "Alexy’s Theory of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy in Belo Horizonte, 2013

Author
Julio Aguiar De OliveiraStanley L PaulsonAlexandre T G Trivisonno
Publisher
Stuttgart Franz Steiner Verlag
Language
English
Year
2015
ISBN
9783515110938,3515110933
File Type
pdf
File Size
1.3 MiB

Over The Years Robert Alexy Has Developed A Systemic Approach To Legal Theory, An Approach Whose Dimensions Include Discourse Theory, Principles Theory, And A Non-positivist Conception Of Law. Principles Theory Is Found At The Very Core Of Alexy's System. Constitutional Rights, He Argues, Are Best Understood As Principles, And Collisions Between Constitutional Rights - Understood Now As Competing Principles - Are Resolved By Balancing Their Respective Weights. Critical Examinations Of Alexy's Work On Principles Theory And On The Other Dimensions Of His System Are Presented Here, Along With A Contribution On Human Rights, One Of Alexy's More Recent Foci. Alexy's Work Is Receiving Ever Greater Attention, Both At Home, In Germany, And Abroad, With Translations Of His Treatises And Papers Into Many Languages. The Authors Of The Contributions Aim To Promote Enquiry Into Alexy's Project. While Their General Approach Is That Of Analytical Jurisprudence, The Individual Contributions Reflect Great Variety In Their Respective Assessments Of Alexy's Seminal Work.-- Rationality Without Ideality : Outlines Of A Relativistic Discourse Theory Of Law / Carsten Bäcker -- A Matter Of Interest : On Robert Alexy's Justification Of Practical Discourse / Gonzalo Villa Rosas -- Discretion And The Problem Of Practical Knowledge In Ideal And Real Discourses / Alexandre Travessoni Gomes Trivisonno -- Robert Alexy's Conception Of Human Rights / Jean-christophe Merle -- Robert Alexy's Reconstruction Of Formal Principles / Martin Borowski -- Should All Arguments Matter? On The Exclusion Of Certain Reasons From The Proportionality Test / João Andrade Neto -- Theory Of A Phantom : The Principles Theory's Vain Quest For Its Object / Ralf Poscher -- Alexy's Theory Of Principles : The Ideal/real Dualism / Jan Sieckmann -- Extreme Injustice And The Concept Of Law / Júlio Aguiar De Oliveira -- An Issue In Robert Alexy's Theory Of The Nature Of Law / Stanley L. Paulson. Edited By Júlio Aguiar De Oliveira / Stanley L. Paulson / Alexandre Travessoni Gomes Trivisonno. International Conference Proceedings. Includes Bibliographical References.

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