法の理想的局面 Law's Ideal Dimension

著者名：Alexy, Robert

OUP Oxford（2021/07/16発売）

• 言語：ENG
• ISBN：9780198796831
• eISBN：9780192516961

Description

Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument from Injustice (OUP 1992).The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, and proportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as themathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.