حقوق، حقوق و گفتمان: فلسفهٔ حقوقی رابرت الکسی (نظریهٔ حقوق امروز)

A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years, Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. His work admirably combines the rigor of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. Law, Rights and Discourse has been designed with two focuses. The first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. With its range of coverage, Law, Rights and Discourse will become a standard work of reference for anyone working in legal theory in general, and the discourse theory of law in particular. "A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften , rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular."--Bloomsbury Publishing. Preface......Page 8 Contents......Page 10 List of Contributors......Page 12 Introduction......Page 14 Part I A Debate on Legal Positivism......Page 28 1 The Argument from Justice, or HowNot to Reply to Legal Positivism......Page 30 2 An Answer to Joseph Raz......Page 50 Part II Law and Morality......Page 70 3 Why Law Makes No Claims......Page 72 4 How Non-Positivism CanAccommodate Legal Certainty......Page 82 5 Two Concepts of Objectivity......Page 96 6 Discourse Ethics, Legal Positivismand the Law......Page 122 Part III Constitutional Rights......Page 142 7 Political Liberalism and theStructure of Rights: On the Placeand Limits of the ProportionalityRequirement......Page 144 8 Proportionality, Discretion and theSecond Law of Balancing......Page 180 9 Human Rights and the Claim toCorrectness in the Theory of RobertAlexy......Page 202 10 Three-Person Justification......Page 220 Part IV Discourse and Argumentation......Page 236 11 Law’s Claim to Correctness......Page 238 12 A Teleological Approach to LegalDialogues......Page 262 13 The Claim to Correctness andInferentialism: Alexy’s Theory ofPractical Reason Reconsidered......Page 288 14 The Concept of Validity in a Theoryof Social Action......Page 314 15 The Weight Formula andArgumentation......Page 331 Part V Comments and Responses......Page 344 16 Thirteen Replies......Page 346 Index......Page 380