Law, Rights and Discourse: The Legal Philosophy of Robert by George Pavlakos

By George Pavlakos

A philosophical approach isn't what one may anticipate finding within the paintings of a modern criminal philosopher. Robert Alexy's paintings counts as a notable exception. over the last 28 years, Alexy has been constructing, with amazing readability and consistency, a scientific philosophy overlaying lots of the key components of criminal philosophy. His paintings admirably combines the rigor of analytical philosophy with a repertoire of humanitarian beliefs reflecting the culture of the Geisteswissenschaften, rendering it essentially the most far-reaching and influential felony philosophies in our time. legislations, Rights and Discourse has been designed with focuses. the 1st is to mirror the breadth of Alexy's philosophical process, in addition to the types of jurisprudential and philosophical scholarship within the final 3 many years on which his paintings has had an influence. the second one is to supply for a severe trade among Alexy and a few experts within the box, with an eye fixed to choosing new components of inquiry and supplying a brand new impetus to the discourse thought of legislations. With its diversity of assurance, legislation, Rights and Discourse becomes a customary paintings of reference for an individual operating in criminal concept quite often, and the discourse idea of legislation specifically.

Show description

Read or Download Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Legal Theory Today) PDF

Best law books

Life Care Planning and Case Management Handbook

Curious about prioritizing and handling the spectrum of providers for individuals with severe clinical difficulties and their households, existence care making plans has developed into a complicated perform. Evolving with the sector, this moment variation of a bestseller offers a finished source for pros and shoppers who have to remedy the complicated therapy difficulties of lifestyles care making plans.

A Treatise of Legal Philosophy and General Jurisprudence

A Treatise of felony Philosophy and basic Jurisprudence is the first-ever multivolume therapy of the problems in felony philosophy and normal jurisprudence, from either a theoretical and a ancient point of view. The paintings is geared toward jurists in addition to criminal and useful philosophers. Edited by way of the well known theorist Enrico Pattaro and his staff, this ebook is a classical reference paintings that will be of significant curiosity to felony and sensible philosophers in addition to to jurists and felony pupil in any respect degrees.

Churches, Temples, and Financial Crimes: A Judicial Perspective of the Abuse of Faith

This eye-opening quantity examines ways that non secular associations may be misused to masks unlawful monetary dealings, and steps legislation enforcement can take to strive against those felony actions. The chapters overview felony rights and duties of church buildings and the categories of loopholes that could permit unscrupulous practices to flourish.

Additional resources for Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Legal Theory Today)

Sample text

That means that if an agent acts intentionally and is proven to have acted inappropriately or unwisely, or in some other way to have acted as he should not have, he must, once convinced of his mistake, believe that he should not have acted as he did, on pain of irrationality. In this sense every intentional action ‘claims’, that is commits its agent to, its own correctness. As is evident the thesis merely means that (a) actions of different kinds are subject to evaluation as actions of those kinds (though perhaps also to other evaluations as well), and (b) it is part of the concept of intentional action that one who performs an intentional action knows that his action is subject to assessment by the standard applying to actions of that kind (the kind under which it is intentional).

Thus, the law in the way it actually stems from its social sources, that is, the ‘law as it is’, is connected with the ‘law as it ought to be’. The former notion then depends on the latter notion. To be sure, Raz, in objecting that the separation thesis as presented in The Argument from Injustice does not correctly identify legal positivism, is not concentrating on the distinction between the ‘law as it is’ and the ‘law as it ought to be’. Rather, the main tenets of Raz’s objection are three points connected with this distinction in the paragraph at page 3 of The Argument from Injustice, quoted above.

Job: Pavlakos_Law_Rights / Division: 2_Pavlakos_ch1 /Pg. Position: 18 / Date: 17/5 JOBNAME: Pavlakos PAGE: 21 SESS: 4 OUTPUT: Fri Jun 15 13:40:27 2007 How Not to Reply to Legal Positivism 35 argument here confirms the suspicion mentioned above that he fails to conceive of the possibility that standards which courts are required by law to apply may nonetheless not be part of the legal system which requires their application. The rest of the argument does not add much. Alexy relies on his correctness thesis to claim that laws, eg principles, which are morally wrong, or incorrect, should be changed.

Download PDF sample

Rated 4.20 of 5 – based on 34 votes
Posted in Law