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Critical Remarks on Robert Alexy's “Special‐Case Thesis”*
Ratio Juris, 1993AbstractIn this paper the author criticizes the way Robert Alexy reconstructs the relationship between legal and practical reasoning. The core of Alexy's argumentation (Alexy 1978) is considered the claim that legal argumentation is a “special case” of general practical discourse.
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On Robert Alexy’s Weight Formula for Weighing and Balancing
2017In a number of works, Robert Alexy has analysed the problem of judicial weighing and balancing. The focus of Alexy's analysis is on the weighing of legal principles as expressed in the German Constitution by the catalogue of fundamental rights. To elucidate the structure of weighing and balancing, Alexy introduces mathematical weight formulas.
exaly +2 more sources
Law's Ideal Dimension, 2021
The main thesis of this chapter is that law necessarily raises a claim to correctness and that this necessary connection between law and correctness implies a conceptually necessary connection between law and morality that goes beyond the scope of a ...
R. Alexy
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The main thesis of this chapter is that law necessarily raises a claim to correctness and that this necessary connection between law and correctness implies a conceptually necessary connection between law and morality that goes beyond the scope of a ...
R. Alexy
semanticscholar +1 more source
Law's Ideal Dimension, 2021
This chapter contains a reply to Joseph Raz’s critique of Alexy’s defence of non-positivism. The starting point is that the distinction between positivism and non-positivism is, contrary to Raz, still of fundamental significance.
R. Alexy
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This chapter contains a reply to Joseph Raz’s critique of Alexy’s defence of non-positivism. The starting point is that the distinction between positivism and non-positivism is, contrary to Raz, still of fundamental significance.
R. Alexy
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Human Dignity and Proportionality
Law's Ideal Dimension, 2021The relation between proportionality analysis and human dignity is one of the most contested questions in the debate over the normative structure of human dignity. Two conceptions stand in opposition: an absolute and a relative conception.
R. Alexy
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, 2021
Law in general, including constitutional rights and legal argumentation, has a dual nature. This is the underlying thesis of this collection of twenty-one chapters devoted to legal philosophy and constitutional law. Law connects a real dimension, defined
R. Alexy
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Law in general, including constitutional rights and legal argumentation, has a dual nature. This is the underlying thesis of this collection of twenty-one chapters devoted to legal philosophy and constitutional law. Law connects a real dimension, defined
R. Alexy
semanticscholar +1 more source