Part I. The Nature of Law -- The Nature of Legal Philosophy -- On the Concept and the Nature of Law -- The Dual Nature of Law -- Law, Morality, and the Existence of Human Rights -- An Answer to Joseph Raz -- The Ideal Dimension of Law -- Gustav Radbruch's Concept of Law -- Part II. Constitutional Rights, Human Rights, and Proportionality. The Construction of Constitutional Rights -- Balancing, Constitutional Review, and Representation -- The Existence of Human Rights -- The Weight Formula -- Formal Principles : Some Replies to Critics -- Ideal 'Ought' and Optimization -- Human Dignity and Proportionality -- Proportionality and Rationality -- The Absolute and the Relative Dimension of Constitutional Rights -- Part III. Argumentation, Correctness, and Law. A Discourse-Theoretical Conception of Practical Reason -- Problems of Discourse Theory -- Legal Argumentation as Rational Discourse -- Jurgen Habermas's Theory of the Indeterminacy of Law and the -- Law and Correctness.
Summary:
"This collection of essays offers the first systematic treatment in English of the work of Robert Alexy, one of the leading legal theorists in the world today. It assimilates his ideas on the nature of law, rights and proportionality, and legal argumentation, and presents a new and comprehensive general theory of law"-- from publisher's website.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.