A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification - Hardcover

McCormick, N.

Hardcover

ISBN 10: 0198255039 ISBN 13: 9780198255031

Publisher: Clarendon Press, 1989

Synopsis

"Theorie der juristischen Argumentation" is the original German work from which this has been translated. It presents a theory of legal reasoning which pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of the book. Alexy attempts to give insights into what is understood by "rational legal argument" and to answer questions such as: "To what extent can legal reasoning be rational?", "Is the demand for rationality in legal affairs justified?" and "What are the criteria of rationality in legal reasoning?" He sees rational legal argumentation as important not only for the standing of academic law as a scientific discipline, but also for the legitimacy of judicial decisions. The work may be of interest to law students, lawyers, legal theorists and legal philosophers.

About this title

Review

One of the most important books in the philosophy of law in the post-war period, essential reading for legal theorists. (Larry Solum, University of Illinois)

About the Author

Robert Alexy has been Professor of Public Law and Legal Philosophy at Christian Albrechts University, Kiel, since 1986. He was President of the German Section of the International Association for Philosophy of Law and Social Philosophy (IVR) from 1994-1998. Other books published by OUP include A Theory of Constitutional Rights and The Argmument From Injustice.

Edition details

• Publisher: Clarendon Press
• Publication date: 1989
• Language: English
• ISBN 10: 0198255039
• ISBN 13: 9780198255031
• Binding: Hardcover
• Number of pages: 344