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What is meant by the term "rational legal argument"? To what extent can legal theory permit legal reasoning to be rational? Is the demand for rationality in legal affairs justified? What are the criteria for rationality? In addressing these questions, Alexy first develops a general theory of practical discourse based on insights from Anglo-Saxon and German moral and legal philosophy. He then sets out a new theory of rational legal discourse, which will stand as a major contribution to the study of legal reasoning.
This work investigates the fundamental question of whether legal reasoning can be considered a form of rational discourse and what criteria define such rationality. Prof. Robert Alexy, a prominent legal philosopher, synthesizes Anglo-Saxon and German moral and legal traditions to construct a rigorous framework for legal justification. By establishing a general theory of practical discourse, he argues that legal argumentation is a specific, constrained subset of rational communication that requires adherence to procedural and substantive norms.
What You Will Find
Legal scholars and philosophers frequently cite this text as a foundational contribution to the study of legal reasoning and discourse ethics. Readers often note the high level of academic density and the rigorous analytical approach required to engage with Alexy's complex arguments.
Page Count:
344
Publication Date:
1989-04-20
Publisher:
Oxford University Press
ISBN-10:
0198255039
ISBN-13:
9780198255031
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