By Matthias Klatt
ISBN-10: 0199582068
ISBN-13: 9780199582068
This quantity gathers top figures from criminal philosophy and constitutional concept to supply a serious exam of the paintings of Robert Alexy. The contributions discover the problems surrounding the advanced kin among rights, legislation, and morality and consider Alexy's specified paintings on those issues.
The concentration around the contributions is on Alexy's major pre-occupations - his anti-positivist perspectives at the nature of legislation, his method of the character of felony reasoning, and his knowing of constitutional rights as felony ideas. In a longer reaction to the contributions within the quantity, Alexy develops his perspectives on those relevant issues.
The volume's juxtaposition of Anglo-American and German views brings into concentration the diversities in addition to the possibility of cross-fertilization among Continental and Anglo-American paintings in jurisprudence.
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Extra resources for Institutionalized Reason: The Jurisprudence of Robert Alexy
Sample text
Coleman, The Practice of Principle (2001) 96-9; S. Shapiro, 'Law, Plans, and Practical Reason' (2002) 8 Legal Theory ^T'-, C. Kutz, 'The Judicial Community' (2001) 11 Philosophical Issues 442. How Law Claims, What Law Claims 33 do. The members play their parts; the orchestra as a whole plays the symphony. In the same vein, the CEO signs her name intending that the company should thereby enter into a contract, but it is the company that enters into the contract. And the striker scores a goal intending that his team should thereby win the game, but only the team wins the game.
E. claims that attributed to law properties that Holmes believed law not to have). 13 Not so. Suppose Dworkin is right that Holmes, in certain of his pronouncements, declined to make moral claims about law. The only conclusion we should draw, according to Raz's analysis, is that (when he made those pronouncements) Holmes was not acting in his capacity as a lawapplying official. He was not acting on behalf of the legal system. This chimes with what we know of Holmes. His conceptually revisionist work in the law journals, attempting to debunk the ordinary legal discourse of obligations and rights and so 10 Or more generally on what anyone 'think[s]' about law: ibid, 1667.
There he states: The eleven articles published together here vary in both their objects and their presentation. They are, however, held together by the analytical method and the liberal ideas of autonomy and universality. 125 Analytical liberalism gives the lie to the claim that Alexy s work is purely formal and lacks substantial ideas. According to Alexy, any minimally elaborated legal system implies eo ipso fundamental moral values in the form of basic rights. At the same time, these basic rights preclude a too rigid identification of the law with moral convictions.