基本説明
The centre point is a long awaited debate about Alexy's work between Joseph Raz and Robert Alexy.
Full Description
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.
Contents
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
