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Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Offers a comperehensive analysis of Alexy's contribution across his main interests in legal philosophy and constitutional law
Contributors include leading figures in the field, such as John Gardner, Trevor Allan, Stanley Paulson and Larry Alexander
Includes an extended reply from Alexy himself, responding to the essays and elaborating his views on a number of central questions in the philosophy of law
Represents ideal further reading for advanced students and scholars of Alexy's work

Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Description

This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The contributions explore the issues surrounding the complex relations between rights, law, and morality and reflect on Alexy's distinctive work on these issues.

The focus across the contributions is on Alexy's main pre-occupations - his anti-positivist views on the nature of law, his approach to the nature of legal reasoning, and his understanding of constitutional rights as legal principles. In an extended response to the contributions in the volume, Alexy develops his views on these central issues.

The volume's juxtaposition of Anglo-American and German perspectives brings into focus the differences as well as the prospect of cross-fertilization between Continental and Anglo-American work in jurisprudence.

Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Introduction, Matthias Klatt
Part I: Law and Legal Argument
1. How Law Claims, What Law Claims, John Gardner
2. Defect and Deviance in Natural Law Jurisprudence, Mark Murphy
3. A Justified Normativity Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz, Stanley Paulson
4. There Are No Legal Principles, Larry Alexander
5. Discourse Theory as Critical Theory: Responding to Contemporary Challenges, Maeve Cooke
6. Correctness and Legitimacy in the Discourse Theory of Law, Cristina Lafont
7. Law and the Authority of Bad Arguments, Fred Schauer
Part II: Constitutional Rights
8. Constitutional Rights and the Rule of Law, T.R.S. Allan
9. The Rationalist Human Rights Paradigm, Socratic Contestation and the Point of Judicial Review, Mattias Kumm
10. Constitutional Rights and Statutory Limitations, Julian Rivers
11. The Theory of Balancing: Its Strengths and its Weaknesses, Matthias Jestaedt
12. A Theory That Explains Everything: On Robert Alexy's Principle Theory of Basic Rights, Jan Henrik Klement
13. The Principle Theory: Insights, Errors and Self-misunderstanding, Ralf Poscher
Part III: The System
14. The System of Robert Alexy, Matthias Klatt
15. 14 Replies, Robert Alexy

Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Author Information

Matthias Klatt is Professor for Public Law, EU Law, Public International Law and Jurisprudence at the University of Hamburg.

Contributors:

John Gardner, University of Oxford
Mark Murphy, Georgetown University
Stanley Paulson, Washington University, St Louis
Larry Alexander, University of San Diego
Maeve Cooke, University College, Dublin
Cristina Lafont, Northwestern, University
Fred Schauer, Harvard Law School
T.R.S. Allan, University of Cambridge
Mattias Kumm, New York University
Julian Rivers, University of Bristol
Matthias Jestaedt, Friedrich Alexander Universität Erlangen Nürnberg
Jan Henrik Klement, Universität Bayreuth
Ralf Poscher, Ruhr Universität Bochum
Robert Alexy, University of Kiel

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Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

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Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Description

Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Table of Contents

Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Author Information

Contributors:

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Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Also Available As:

Also Available In:

Connect with OUP

Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Description

Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Table of Contents

Institutionalized Reason

The Jurisprudence of Robert Alexy

Edited by Matthias Klatt

Author Information

Contributors:

Related Categories

Connect with OUP