Institutional Reason The Jurisprudence of Robert Alexy

Author: Matthias Klatt
Publisher: Oxford University Press
ISBN: 9780199582068
Published In: February 2012
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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.

Readership: Academics and advanced students in the philosophy of law and constitutional theory.

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

Edited by Matthias Klatt, Professor of Law at the University of Hamburg

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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