
As an Amazon Associate and affiliate partner, Menrva Books earns from qualifying purchases. Learn more
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.
This volume investigates the core question of how the ideal dimension of law interacts with its real-world application, specifically through the lenses of constitutional rights and legal argumentation. Professor Robert Alexy, a prominent legal theorist, synthesizes his decades of research into a unified framework that addresses the nature of legal validity and the necessity of moral correctness within the legal system. He utilizes his established theories on proportionality and constitutional rights to argue that law inherently possesses an ideal dimension that cannot be separated from its practical function.
What You Will Find
Scope Limits
Legal scholars frequently identify this work as a critical synthesis of Alexy's broader jurisprudential project, noting its high level of academic density and rigorous logical structure. Experts often cite this text as a foundational resource for understanding the intersection of constitutional rights and moral philosophy in modern legal theory.
Page Count:
842
Publication Date:
2021-01-01
Publisher:
OUP Oxford
ISBN-10:
0192516965
ISBN-13:
9780192516961
No comments yet. Be the first to share your thoughts!