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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| Language: | English |
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Dordrecht :
Springer Netherlands : Imprint: Springer,
2007.
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| Edition: | 1st ed. 2007. |
| Series: | Law and Philosophy Library,
79 |
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| Online Access: | https://doi.org/10.1007/978-1-4020-5595-9 |
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.