Law, Rights and Discourse: The Legal Philosophy of Robert by George Pavlakos

By George Pavlakos

A philosophical procedure isn't what one might anticipate finding within the paintings of a modern criminal philosopher. Robert Alexy's paintings counts as a awesome exception. over the last 28 years, Alexy has been constructing, with extraordinary readability and consistency, a scientific philosophy overlaying many of the key components of criminal philosophy. His paintings admirably combines the rigor of analytical philosophy with a repertoire of humanitarian beliefs reflecting the culture of the Geisteswissenschaften, rendering it the most far-reaching and influential criminal philosophies in our time. legislations, Rights and Discourse has been designed with focuses. the 1st is to mirror the breadth of Alexy's philosophical process, in addition to the forms of jurisprudential and philosophical scholarship within the final 3 a long time on which his paintings has had an impression. the second one is to supply for a serious alternate among Alexy and a few experts within the box, with a watch to selecting new components of inquiry and providing a brand new impetus to the discourse conception of legislations. With its variety of insurance, legislation, Rights and Discourse turns into a regular paintings of reference for a person operating in felony concept quite often, and the discourse thought of legislation specifically.

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

A philosophical approach isn't really what one might look forward to finding within the paintings of a modern criminal philosopher. Robert Alexy's paintings counts as a remarkable exception. during the last 28 years, Alexy has been constructing, with extraordinary readability and consistency, a scientific philosophy masking lots of the key components of felony philosophy.

Extra resources for Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Legal Theory Today)

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It is not implausible to expect that all developed legal systems include principles. Alexy’s argument to that effect does not, however, secure that conclusion. It is roughly that because of the thesis of correctness, ‘in all legal systems in which there are doubtful cases that give rise to the question of striking a balance, it is legally required to strike a balance and thereby to take principles into account. 39 This argument can be generalised to establish that every legal system contains various kinds of laws: in all legal systems in which deciding a case requires enforcing a duty there are duty-imposing rules, in all legal systems in which deciding a case requires protecting a right there are rightprotecting rules, etc.

The burst of reflective, suggestive and interesting writings in the legal positivist tradition reached serious dimensions only in the years after the original publication of his book, when Waldron, Marmor, Gardner, Leiter, Shapiro, Murphy, Himma, Kramer, Endicott, Lamont, Dickson, Bix and others joined those who had made important contributions to legal theory in the positivistic tradition in the years preceding the original publication of Alexy’s book: Lyons, Coleman, Campbell, Harris, Green, Waluchow and others, who are still among the main contributors to legal theory in the positivist tradition.

But again, leaving aside the fact that a court’s decision is binding on the litigants, and as such has the effect of law-making between them, and focusing exclusively on the reasons the court gives in support of its decision, we cannot see here any evidence of a special perspective. Normally we expect a court to be as faithful to the truth about the law as we do a litigating lawyer, an academic scholar or a 14 Alexy, above n 1 at 25. Ibid. 16 To remove doubt let me admit that I am not German, never lived in Germany and have no academic qualifications in German law.

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