Constitutionalism and Legal Reasoning
This is a search of a model for a humane law -- where the cruelty ban is still in force. This book however is not intended as an utopian enterprise; the humane law which is looked for is not for the future, nor is it meant as a reform project, or as a programme for new institutions to come. here the...
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| Format: | eBook |
| Language: | English |
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Dordrecht
Springer Netherlands
2007, 2007
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| Edition: | 1st ed. 2007 |
| Series: | Law and Philosophy Library
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| Online Access: | |
| Collection: | Springer eBooks 2005- - Collection details see MPG.ReNa |
Table of Contents:
- Preface. Part I: Law as Constitution. 1. Rhetoric and Practical Reason. 2. Constitutionalism and Legal Positivism. 3. From State Law to Constitutional State, or, from Herrschaft to "Discourse".-Part II: Legal Argumentation and Concepts of Law. 1. Rhetoric and Practical Reason. 2. Legal Reasoning Redeemed. 3. Contemporary Doctrines. 4. Law as Discourse and Constitution
- Part III: The Practice of Law and Legal Ethics. 1. "Jurists, bad Christians". 2. Ambiguity of Deontological Rules. 3. Two Opposed Paradigms. 4. Legal Ethics and the Concept of Law. Epilogue
- Appendix A: Natural Law: "Exclusive" Versus "Inclusive". Appendix B: Robert Alexy's Constitutional Rights Theory