E-Book Overview
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.
E-Book Content
INSTITUTIONALIZED
REASON
The Jurisprudence of Robert Alexy
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Institutionalized
Reason
The Jurisprudence of Robert Alexy
Edited by MATTHIAS
KLATT
OXTORD UNIVERSITY PRESS
OXFORD UNIVERSITY PRESS Great Clarendon Street, Oxford OX2 6DP Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dares Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in the United States by Oxford University Press Inc., New York © The several contributors, 2012 The moral rights of the authors have been asserted Database right Oxford University Press (maker) Crown copyright material is reproduced under Class Licence Number C01P000148 with the permission of OPSI and the Queen's Printer for Scotland First published 2012 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2012931711 Typeset by Newgen Imaging Systems (P) Ltd, Chennai, India Printed in Great Britain on acid-free paper by CPI Group (UK) Ltd, Croydon, CRO 4YY ISBN 978-0-19-958206-8 13579 10 8642
Preface
This volume explores the complex relations between and among rights, law, and morality as reflected in Robert Alexy's work in the fields of legal philosophy and constitutional law. Alexy's major works enjoy a wide readership, and interest in his thought is growing apace. Various writings of Alexy's have now been translated into more than 20 foreign languages. The contributors to the present volume are internationally recognized authorities in their respective fields, reflecting the burgeoning interest worldwide in Alexy's work. In particular, the volume focuses on the nature of law, of legal argument, and of constitutional rights. Special attention from various perspectives is given to the concept of law and to Alexy's non-positivism. T