Institutionalized Reason

Matthias Klatt is Professor for Public Law, EU Law, Public International Law and Jurisprudence at the University of Hamburg

Institutionalized Reason deserves high praise and thoughtful study.

• 1. Robert Alexy's Philosophy of Law as System ; SECTION 1: THE NATURE OF LAW ; 2. How Law Claims, What Law Claims ; 3. Defect and Deviance in Natural Law Jurisprudence ; 4. A 'Justified Normativity' Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz ; SECTION 2: THE NATURE OF CONSTITUTIONAL RIGHTS ; 5. Legal Objectivity and the Illusion of Legal Principles ; 6. Constitutional Rights and the Rule of Law ; 7. The Doctrine of Balancing - its Strengths and Weaknesses ; 8. Common Law Thinking in German Jurisprudence - on Alexy's Principles Theory ; 9. Alexy's Theory of Constitutional Rights and the Problem of Judicial Review ; 10. The Principles Theory ; 11. Constitutional Rights and Statutory Limitations ; SECTION 3: THE NATURE OF LEGAL ARGUMENTATION ; 12. The Dual Character of Concepts and the Discourse Theory of Law ; 13. Correctness and Legitimacy in the Discourse Theory of Law ; 14. Balancing, Subsumption, and the Constraining Role of Legal Text ; SECTION 4: COMMENTS AND RESPONSES ; 15. Comments and Responses