Law, Rights and Discourse

this volume helps us to gain a better understanding of the implications of Alexy's theory of legal argumentation, but also to identify new areas of research within the discourse theory of law.

Autorentext
George Pavlakos is Research Chair in Globalisation and Legal Theory at Antwerp University. He was previously the City Solicitor's Trust Lecturer in Jurisprudence at Queen's University Belfast. He has published widely in the areas of legal theory and philosophy; his other books include a monograph in German entitled Rechtsontologie und praktische Vernunft (Nomos Verlag, 2007) and an edited book entitled Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Hart Publishing, 2007).

Zusammenfassung
This volume reflects the breadth of Alexy's philosophy, identifies new areas of inquiry and offers a new impetus to the discourse theory of law.

Inhalt
Preface List of Contributors Introduction George Pavlakos PART ONE: A DEBATE ON LEGAL POSITIVISM 1. The Argument from Justice, or How not to Reply to Legal Positivism Joseph Raz 2. An Answer to Joseph Raz Robert Alexy PART TWO: LAW AND MORALITY 3. Why Law Makes No Claims Neil MacCormick 4. How Non-Positivism Can Accommodate Legal Certainty Stefano Bertea 5. Two Concepts of Objectivity George Pavlakos 6. Discourse Ethics, Legal Positivism and the Law Philippos Vassiloyannis PART THREE: CONSTITUTIONAL RIGHTS 7. Political Liberalism and the Structures of Rights: On the Place and Limits of the Proportionality Requirement Mattias Kumm 8. Proportionality, Discretion and the Second Law of Balancing Julian Rivers 9. Human Rights and the Claim to Correctness in the Theory of Robert Alexy Jan Sieckmann 10. Three-Person Justification Jonathan Gorman PART FOUR: DISCOURSE AND ARGUMENTATION 11. Law's Claim to Correctness Maeve Cooke 12. A Teleological Approach to Legal Dialogues Giovanni Sartor 13. The Claim to Correctness and Inferentialism. Alexy's Theory of Practical Reason Reconsidered Giorgio Bongiovanni, Antonino Rotolo, Corrado Roversi 14. The Concept of Validity in a Theory of Social Action Carsten Heidemann 15. The Weight Formula and Argumentation Bartosz Brozek PART FIVE: COMMENTS AND RESPONSES 16. Thirteen Replies Robert Alexy

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