• 推荐一本新书 《法律,权利和商讨》

    2007-11-24

    Tag:

    版权声明:转载时请以超链接形式标明文章原始出处和作者信息及本声明
    http://tranzendenz.blogbus.com/logs/10998603.html

    法律、权利与商讨

    Edited by George Pavlakos

    (封面系Alexy家中的一幅画)

    目录

    1   The argument from justice, or how not to reply to legal positivism by Joseph Raz   17
    2   An answer to Joseph Raz by Robert Alexy   37
    3   Why law makes no claims by Neil MacCormick   59
    4   How non-positivism can accommodate legal certainty by Stefano Bertea   69
    5   Two concepts of objectivity by George Pavlakos   83
    6   Discourse ethics, legal positivism and the law by Philippos Vassiloyannis   109
    7   Political liberalism and the structure of rights : on the place and limits of the proportionality requirement by Mattias Kumm   131
    8   Proportionality, discretion and the second law of balancing by Julian Rivers   167
    9   Human rights and the claim to correctness in the theory of Robert Alexy by Jan Sieckmann   189
    10   Three-person justification by Jonathan Gorman   207
    11   Law's claim to correctness by Maeve Cooke   225
    12   A teleological approach to legal dialogues by Giovanni Sartor   249
    13   The claim to correctness and inferentialism : Alexy's theory of practical reason reconsidered by Giorgio Bongiovanni and Antonino Rotolo and Corrado Roversi   275
    14   The concept of validity in a theory of social action by Carsten Heidemann   301
    15   The weight formula and argumentation by Bartosz Brozek   319
    16   Thirteen replies by Robert Alexy

    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.


    收藏到:Del.icio.us




    评论

  • RAZ的批判风格,走的是英美批判的路数,言之固然有据,却也不乏情绪化的表达。不过,RAZ的法学过于彪悍,受攻击过多,可能也是其肝火旺盛的原因之一吧。你看到的网文应该是RAZ自己挂在网上的,该书的其他文章,应该没有电子版。
    看过,马默与alexy的对谈,个人以为,马的修为有限,站在英美后期语言哲学的结论上,批评古典哲学,显得有些不知进退。毕竟,没有理论是完美的。
  • RAZ文章已拜读,批判不留情面,其论证相当猛.可惜网上未见Alexy回应全文.
    上次马默与阿氏对谈也未找到,遗憾......