By George Pavlakos
A philosophical approach isn't what one may look forward to finding within the paintings of a modern felony philosopher. Robert Alexy's paintings counts as a amazing exception. over the last 28 years, Alexy has been constructing, with striking readability and consistency, a scientific philosophy protecting many of the key parts of felony 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 criminal philosophies in our time. legislation, Rights and Discourse has been designed with focuses. the 1st is to mirror the breadth of Alexy's philosophical approach, in addition to the kinds of jurisprudential and philosophical scholarship within the final 3 a long time on which his paintings has had an influence. the second one is to supply for a severe alternate among Alexy and a few experts within the box, with a watch to determining new components of inquiry and supplying a brand new impetus to the discourse concept of legislation. With its diversity of assurance, legislation, Rights and Discourse turns into a typical paintings of reference for somebody operating in criminal idea normally, and the discourse concept of legislations particularly.
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Additional resources for Law, Rights and Discourse: The Legal Philosophy of Robert Alexy (Legal Theory Today)
Sample text
This thesis can be explained as an instance of a still more general thesis applying to all intentional actions, which explains reference to ‘the claim made by a speech act’ by reference to a commitment of the speaker, or, more generally, the agent: the agent commits himself to the action’s being correct, or appropriate. 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.
Position: 10 / Date: 17/5 JOBNAME: Pavlakos PAGE: 13 SESS: 4 OUTPUT: Fri Jun 15 13:40:27 2007 How Not to Reply to Legal Positivism 27 There are two difficulties in understanding Alexy’s correctness thesis in this way. First, my interpretation of the correctness thesis renders it, I think, true, but at the cost of taking it to be a general thesis about intentional actions and their products, thus denying that it says anything special about the law. Alexy, by way of contrast, rather than taking the thesis to be an instance of a wider one, regards it as perhaps special to the law.
Many will admit that slavery as practised by Muslims and Christians in the sixteenth and seventeenth centuries was among the greatest injustices of those times, yet it was not among the most obvious injustices to the people who engaged in it. The repression of women or of gays in many cultures provides similar examples. I think we are lucky that such arguments do not bear on the question of the nature of law. I do not find any arguments put forward by Alexy which can refute Marmor’s separation thesis.