A theory of legal argumentation: the theory of rational discourse as theory of legal justification
What is meant by the term "rational legal argument"? To what extent can legal theory permit legal reasoning to be rational? Is the demand for rationality in legal affairs justified? What are the criteria for rationality? In addressing these questions, Alexy first develops a general theory of practical discourse based on insights from Anglo-Saxon and German moral and legal philosophy. He then sets out a new theory of rational legal discourse, which will stand as a major contribution to the study of legal reasoning.
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Practical Discourse in Analytic Moral Philosophy
Habermass Consensus Theory of Truth
The Presupposed Purpose of Constructivist Ethics
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accepted According analysis application argument forms assertion Austin Baier claim to correctness concept consensus criteria critical decision Deontic Logic discourse theory discussion distinguished dogmatic propositions Erlangen School Esser Ethics example expressions fact formulated Frankfurt-on-Main Freedom and Reason further Habermas Habermas's Hare Hare's Ibid ideal speech situation Illocutionary Acts interpretation investigation Juristische Konstruktive Logik Kriele language game Larenz legal argumentation legal discourse legal dogmatics legal norms legal reasoning legal science locutionary Lorenzen and Schwemmer Luhmann meta-ethical Methodenlehre mode of justification moral reasoning normative statements Nouvelle Rhetorique particular Perelman Perelman and Olbrechts-Tyteca Philosophy possible practical arguments practical reasoning presupposes principle of universalizability problem put forward question Rechtsdogmatik requirement rules and forms rules of discourse rules of inference speaker speech acts structure teleological arguments testing Theorie der Rechtsgewinnung theory of legal theory of rational thesis Things with Words Toulmin truth universal audience valid value-judgments Wahrheitstheorien Wittgenstein