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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.
This volume investigates the core question of how Robert Alexy’s legal philosophy reconciles the tension between law, morality, and constitutional rights. Matthias Klatt, an expert in legal theory, compiles a series of essays from prominent scholars to evaluate Alexy’s anti-positivist framework. The text serves as a comprehensive analysis of the nature of legal reasoning and the structural role of principles within constitutional systems.
What You Will Find
Scope Limits
Legal scholars and philosophers identify this volume as a critical resource for understanding the nuances of Alexy’s jurisprudence. Readers frequently note the academic density of the prose, which is intended for an audience already familiar with advanced constitutional theory.
Page Count:
374
Publication Date:
2012-01-01
Publisher:
OUP Oxford
ISBN-10:
0191624020
ISBN-13:
9780191624025
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