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What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation.A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book.
This work investigates the fundamental question of whether legal reasoning can be considered a form of rational discourse and what criteria define such rationality. Professor Robert Alexy, a prominent legal philosopher, constructs a framework that bridges general practical reasoning with the specific requirements of legal justification. By synthesizing insights from both Anglo-Saxon and German philosophical traditions, the author argues that the legitimacy of judicial decisions and the scientific standing of law depend on the establishment of a coherent theory of rational legal argumentation.
What You Will Find
Legal scholars and philosophers frequently cite this text as a foundational contribution to the study of jurisprudence and the logic of legal decision-making. Readers often note the high level of academic density and the rigorous analytical framework employed throughout the chapters.
Page Count:
352
Publication Date:
2010-02-08
Publisher:
Oxford University Press
ISBN-10:
0199584222
ISBN-13:
9780199584222
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