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

Sinopsis

"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.

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