Law’s ideal dimension 1st Edition

Law’s ideal dimension 1st Edition – Ebook Instant Download/Delivery ISBN(s): 9780192516961,9780198796831,0192516965,0198796838,2020953017

Product details:

• ISBN-10: 0192516965
• ISBN-13: 9780192516961
• Author: Robert Alexy

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 the mathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.

Table contents:

1. The Nature of Legal Philosophy

2. On the Concept and the Nature of Law

3. The Dual Nature of Law

4. Law, Morality, and the Existence of Human Rights

5. An Answer to Joseph Raz

6. The Ideal Dimension of Law

7. Gustav Radbruch’s Concept of Law

8. The Construction of Constitutional Rights

9. Balancing, Constitutional Review, and Representation

10. The Existence of Human Rights

11. The Weight Formula

12. Formal Principles: Some Replies to Critics

13. Ideal ‘Ought’ and Optimization

14. Human Dignity and Proportionality

15. Proportionality and Rationality

16. The Absolute and the Relative Dimension of Constitutional Rights

17. A Discourse-Theoretical Conception of Practical Reason

18. Problems of Discourse Theory

19. Legal Argumentation as Rational Discourse

20. Jürgen Habermas’s Theory of the Indeterminacy of Law and the Rationality of Adjudication

21. Law and Correctness

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