institutionalized reason the jurisprudence of robert alexy

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Institutionalized Reason

Author : Matthias Klatt
ISBN : 0199582068
Genre : Law
File Size : 28. 32 MB
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This volume brings together leading figures from Anglo-American and German legal philosophy and constitutional theory to examine themes from the influential work of Robert Alexy. The topics covered include the nature of law and legal reasoning, and the nature of constitutional rights.

Fundamentals Of Legal Argumentation

Author : Eveline T. Feteris
ISBN : 9789402411294
Genre : Philosophy
File Size : 80. 98 MB
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This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

The Constitutional Structure Of Europe S Area Of Freedom Security And Justice And The Right To Justification

Author : Ester Herlin-Karnell
ISBN : 9781509912506
Genre : Law
File Size : 48. 45 MB
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This book explores the implications of freedom as a non-domination-oriented view for understanding EU security regulation and its constitutional implications. At a time when the European borders are under pressure and with the refugee and migration crisis, which escalated in 2015, the idea of exploring a constitutional theory for the 'Area of Freedom, Security and Justice' (AFSJ) might seem to be a utopian project. This appears especially true in the light of the increased threat of terrorism in Europe (and on a global scale) and where the expanding EU security agenda is often advanced through the administrative law path, in contrast to the constitutional trajectory. Add to this the prolonged financial crisis, which continues to cast a long shadow on the future development of EU integration, and which suggests that Europe needs to 're-invent itself' beyond the sphere of economics. Therefore, it is precisely because of the current uncertainties regarding the progress of the EU and the constitutional law project that a constitutional take on the AFSJ is of particular importance. The book investigates the meaning of non-domination and the idea of justice and justification in the area of EU security regulation. In doing so, it focuses on the development of an AFSJ, what it means, and why it represents a fascinating example of contemporary constitutional law with interacting layers of security regulation, human rights law and transnational legal theory at its core.

Reason Morality And Law

Author : John Keown
ISBN : 9780199675500
Genre : Law
File Size : 29. 33 MB
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This volume gathers leading moral, legal, and political philosophers alongside theologians to examine John Finnis' work. The book offers the first sustained critical study of Finnis' contribution across the philosophy of rationality, legal and political philosophy, and theology. It includes a substantial response from Finnis himself in which he defends and develops his ideas.

National Identity In Eu Law

Author : Elke Cloots
ISBN : 9780191053504
Genre : Law
File Size : 72. 26 MB
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Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

The Constitutional Structure Of Proportionality

Author : Matthias Klatt
ISBN : 9780199662463
Genre : Law
File Size : 89. 84 MB
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Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

Lloyd S Introduction To Jurisprudence

Author : Michael D. A. Freeman
ISBN : STANFORD:36105062959106
Genre : Droit - Philosophie
File Size : 88. 20 MB
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Lloyd's Introduction to Jurisprudence is well established as the leading textbook on the subject. In this edition extracts have been selected from the works of more than a hundred jurists. These are supported by detailed introductory sections which give background and critical insight into the texts. This text brings together in one book a wide variety of materials which would otherwise be difficult to obtain. It also contains substantial text by way of commentary. This enables students and teachers worldwide to find, comprehend and evaluate the essential material in one of the most difficult and rewarding subjects in the syllabus.

Lloyd S Introduction To Jurisprudence

Author : Michael D. A. Freeman
ISBN : STANFORD:36105060464091
Genre : Jurisprudence
File Size : 62. 72 MB
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Previous ed. by : Lord Lloyd of Hampstead and M.D.A. Freeman.

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