Law's Ideal Dimension

Author: Robert Alexy
Publisher: Oxford University Press
ISBN: 9780198956839

Published In: June 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780198796831

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Contents

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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.

Part I: The Nature of Law

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

Part II: Constitutional Rights, Human Rights, and Proportionality

8:The Construction of Constitutional Rights

9:Balancing, Constitutional Review, and Representation

10:The Existence of Human Rights