Jan-R Sieckmann - Böcker
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5 produkter
5 produkter
1 235 kr
Skickas inom 10-15 vardagar
Autonomy is the central idea of modern practical philosophy. Understood as self-legislation, autonomy seems to require that the validity of norms depends on recognition, namely, that their addressees, being autonomous agents, recognise these norms to be valid. But how can one be bound by norms whose validity depends on their being recognised as valid by their addressees? The questions of how autonomous morality and, on this basis, the authoritative character of law can be understood, present persistent puzzles that have been widely discussed, but still await a satisfactory solution.This book presents an analysis of the idea of autonomy as self-legislation and its consequences for law and morality. It links the idea of autonomy with the idea of the balancing of normative arguments, develops a notion of normative arguments as distinct from normative judgements and statements and explains claims to correctness and objectivity that are found in normative discourse. Thus, a 'logic of autonomy' emerges, and it is pervasive in normative reasoning. It connects theses regarding the logic of norms, the structure of balancing, human and fundamental rights, legal validity, legal interpretation, and the relations among legal systems, offering a theory of central elements of normative argumentation, a theory that is undergirded by the mutual relations that exist between and among its parts as well as through the relations that it bears to other theories. Moreover, it offers an alternative to Kantian notions of autonomy and provides solutions to problems that other theories have failed to master.
Proportionality, Balancing, and Rights
Robert Alexy's Theory of Constitutional Rights
Inbunden, Engelska, 2021
1 643 kr
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The book focuses on Robert Alexy’s theory of constitutional rights. The aim of this book is to outline the central aspects of Alexy’s theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Proportionality, Balancing, and Rights
Robert Alexy's Theory of Constitutional Rights
Häftad, Engelska, 2022
1 643 kr
Skickas inom 10-15 vardagar
The book focuses on Robert Alexy’s theory of constitutional rights. The aim of this book is to outline the central aspects of Alexy’s theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
1 173 kr
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Here, it is applied to three core dimensions of law: law as legal system, as legal practice, and as normative judgement, leading to specific views of legal validity, legal interpretation, and the necessary content of law in the form of human rights principles.
2 602 kr
Kommande
This book puts forward interlegal reasoning as a means of coping with normative legal pluralism, that is, with conflicts between competing legal systems, such as national law, European law, international law, and indigenous law. It introduces interlegal reasoning as a distinct conceptual category, bringing together interlegality and legal argumentation theory to address transnational challenges and conflicts of norms sourced in more than one legal system. In this regard, it builds upon recent literature on interlegality and legal entanglements. The book explicitly focuses upon legal reasoning and methodologies, especially concerning balancing. In addition to interlegality, the content is positioned in what may be described as a turn to interfaces, denoting interactive, multi-perspectival, and variable connections whose origination depends on the legalities involved, or more specifically on the legal reasoning employed by their participants concerning the facts at issue. Further, the respective contributions, in addition to focusing on legal reasoning and balancing as a method of rational justification, consider a broader scope concerning interlegal conflicts of all kinds, not merely national and international legalities. Accordingly, the book offers a valuable resource for researchers, but also practitioners, dealing with problems of intersecting and conflicting legalities.