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Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Legal Theory Today)
 
 
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Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Legal Theory Today) [Hardcover]

George Pavlakos (Editor)

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Book Description

184113676X 978-1841136769 June 29, 2007
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. His work admirably combines the rigor 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. Law, Rights and Discourse has been designed with two focuses. 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 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. With its range of coverage, Law, Rights and Discourse will become a standard work of reference for anyone working in legal theory in general, and the discourse theory of law in particular.

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Editorial Reviews

Review

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.Stanley L Paulson, William Gardiner Hammond Professor of Law, and Professor of Philosophy, Washington University in St LouisIn 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.Claudio MichelonEdinburgh Law ReviewVol. 12: Issue 3, Sept. 2008this 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.Reza BanakarLegal EthicsVol 10, No 2

About the Author

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).

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
legal dialogues, teleological approach, legal science, extreme injustice thesis, argument from correctness, universalisable content, particular democratic order, structural discretion, discursive grammar, binding certainty, argument from injustice, general practical discourse, epistemic discretion, special case thesis, proportionality structure, cultural discretion, classifying connection, optimisation requirements, legal positivist tradition, proportionality analysis, qualifying connection, conceptually necessary connection, practical correctness, separation thesis, deontic statuses
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Oxford University Press, Robert Alexy, Clarendon Press, Ratio Juris, Theory of Legal Argumentation, Political Liberalism, Joseph Raz, Cambridge University Press, Maeve Cooke, Thirteen Replies, Mattias Kumm, Cambridge Mass, Two Concepts of Objectivity, Giorgio Bongiovanni, George Pavlakos, Theory of Constitutional Rights, Giovanni Sartor, Discourse-Theoretical Conception of Practical, Theory of Social Action, Jonathan Gorman, The Concept of Validity, Harvard University Press, Stefano Bertea, Carsten Heidemann, New York
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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