0
Your cart

Your cart is empty

Browse All Departments
  • All Departments
Price
Status
Brand

Showing 1 - 10 of 10 matches in All Departments

The Argument from Injustice - A Reply to Legal Positivism (Hardcover): Robert Alexy The Argument from Injustice - A Reply to Legal Positivism (Hardcover)
Robert Alexy; Translated by Stanley L. Paulson, Bonnie L. Paulson
R4,275 R3,265 Discovery Miles 32 650 Save R1,010 (24%) Ships in 12 - 17 working days

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law.

Algorithmic Decision Theory - Second International Conference, ADT 2011, Piscataway, NJ, USA, October 26-28, 2011. Proceedings... Algorithmic Decision Theory - Second International Conference, ADT 2011, Piscataway, NJ, USA, October 26-28, 2011. Proceedings (Paperback, 2011)
Ronen Brafman, Fred S. Roberts, Alexis Tsoukias
R1,487 Discovery Miles 14 870 Ships in 10 - 15 working days

This book constitutes the refereed proceedings of the Second International Conference on Algorithmic Decision Theory, ADT 2011, held in Piscataway, NJ, USA, in October 2011. The 24 revised full papers presented were carefully reviewed and selected from 50 submissions.

Verfassungsrecht Und Einfaches Recht - Verfassungsgerichtsbarkeit Und Fachgerichtsbarkeit. Primar- Und Sekundarrechtsschutz Im... Verfassungsrecht Und Einfaches Recht - Verfassungsgerichtsbarkeit Und Fachgerichtsbarkeit. Primar- Und Sekundarrechtsschutz Im OEffentlichen Recht - Berichte Und Diskussionen Auf Der Tagung Der Vereinigung Der Deutschen Staatsrechtslehrer in Wurzburg Vom 3. Bis 6. Oktober 2001 (German, Hardcover, Reprint 2013 ed.)
Robert Alexy, Philip Kunig, Werner Heun, Georg Hermes, Wilfried Erbguth, …
R5,501 Discovery Miles 55 010 Ships in 12 - 17 working days
A Theory of Constitutional Rights (Hardcover): Robert Alexy A Theory of Constitutional Rights (Hardcover)
Robert Alexy; Translated by Julian Rivers
R5,713 R4,564 Discovery Miles 45 640 Save R1,149 (20%) Ships in 12 - 17 working days

This book analyzes the general structure of constitutional rights reasoning under the Geman Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

A Theory of Legal Argumentation - The Theory of Rational Discourse as Theory of Legal Justification (Paperback, Revised):... A Theory of Legal Argumentation - The Theory of Rational Discourse as Theory of Legal Justification (Paperback, Revised)
Robert Alexy; Translated by Ruth Adler, Neil MacCormick
R1,512 Discovery Miles 15 120 Ships in 12 - 17 working days

What is to be understood by 'rational legal argument'? 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? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation.
A theory of legal reasoning which tries to answer these questions 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 this book.

The Argument from Injustice - A Reply to Legal Positivism (Paperback): Robert Alexy The Argument from Injustice - A Reply to Legal Positivism (Paperback)
Robert Alexy; Translated by Stanley Paulson, Bonnie Paulson
R1,102 Discovery Miles 11 020 Ships in 12 - 17 working days

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law.
The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.

A Theory of Constitutional Rights (Paperback): Robert Alexy A Theory of Constitutional Rights (Paperback)
Robert Alexy; Translated by Julian Rivers
R1,868 Discovery Miles 18 680 Ships in 12 - 17 working days

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution. This book will be of central interest to all legal and constitutional theorists and human rights scholars.

Law's Ideal Dimension (Hardcover): Robert Alexy Law's Ideal Dimension (Hardcover)
Robert Alexy
R3,448 R2,956 Discovery Miles 29 560 Save R492 (14%) Ships in 12 - 17 working days

Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument from Injustice (OUP 1992). The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically important role. Part Two discusses constitutional rights, human rights, and proportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation, correctness, and law. The author concludes this volume with a biographical reflection.

These. de la Responsabilite Des Magistrats Publics, En Droit Romain - de la Responsabilite Des Fonctionnaires, En Droit... These. de la Responsabilite Des Magistrats Publics, En Droit Romain - de la Responsabilite Des Fonctionnaires, En Droit Francais. Faculte de Droit de Paris (French, Paperback)
Francois-Robert-Alexis Guerin
R663 Discovery Miles 6 630 Ships in 10 - 15 working days
De l'education populaire en vue de la sociabilite universelle (French, Hardcover): Robert Alexis De l'education populaire en vue de la sociabilite universelle (French, Hardcover)
Robert Alexis
R929 Discovery Miles 9 290 Ships in 10 - 15 working days
Free Delivery
Pinterest Twitter Facebook Google+
You may like...
Comfort
Yotam Ottolenghi, Helen Goh Hardcover R795 R570 Discovery Miles 5 700
Dr. Chase's Recipies, or, Information…
A W 1817-1885 Chase Hardcover R978 Discovery Miles 9 780
Oxford South African Illustrated School…
Paperback R184 R171 Discovery Miles 1 710
Winged Messenger - Running Your First…
Bruce Fordyce Paperback  (1)
R220 R172 Discovery Miles 1 720
Historical Dictionary of Tajikistan
Kamoludin Abdullaev Hardcover R3,557 Discovery Miles 35 570
Waterboy - Making Sense Of My Son's…
Glynis Horning Paperback R320 R250 Discovery Miles 2 500
Twice The Glory - The Making Of The…
Lloyd Burnard, Khanyiso Tshwaku Paperback R325 R219 Discovery Miles 2 190
The Super Cadres - ANC Misrule In The…
Pieter du Toit Paperback R330 R220 Discovery Miles 2 200
Gangster - Ware Verhale Van Albei Kante…
Carla van der Spuy Paperback R315 R271 Discovery Miles 2 710
A Dictionary of English Etymology - E…
Hensleigh Wedgwood Paperback R703 Discovery Miles 7 030

 

Partners