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Synopsis
This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher. The debate represents the German development of an enduring jurisprudential controversy over the concept and adjudicatory role of legal principles, classically addressed by HLA Hart and Ronald Dworkin. Alexy’s principles theory, which has initially defined ‘legal principles’ as optimisation requirements, currently argues that they express an ‘ideal ought’. Poscher’s critique challenges the soundness of Alexy’s principles theory by questioning its ontological and epistemological commitments. As legal principles are directly related to constitutional rights, the Alexy-Poscher debate has significant implications for constitutional adjudication. For instance, proportionality analysis – which incorporates a highly controversial balancing test – and the legitimate boundaries of judicial power, hinge on the debate's two opposing views. Yet despite the centrality and pervasiveness of this topic, German contributions to the theoretical and practical impact of legal principles remain generally overlooked by English-speaking scholars. Concluding with David Duarte’s critical and meticulous assessment of the debate, this collection bridges that important scholarly gap. Whether or not conversant in the debate on legal principles, legal researchers and advanced law students with interdisciplinary interests in jurisprudence and constitutional law will find in this book a timely and distinctive introduction to leading developments in German legal thinking.
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About the Authors
Robert Alexy is Professor of Public Law and Legal Philosophy at Kiel University, Germany.
Ralf Poscher is Director at the Max Planck Institute for the Study of Crime, Security and Law, Germany.
Rafael Giorgio Dalla-Barba is Research assistant at the Max Planck Institute for the Study of Crime, Security and Law, Germany.
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Paperback. Condition: new. Paperback. This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher.The debate represents the German development of an enduring jurisprudential controversy over the concept and adjudicatory role of legal principles, classically addressed by HLA Hart and Ronald Dworkin. Alexys principles theory, which has initially defined legal principles as optimisation requirements, currently argues that they express an ideal ought. Poschers critique challenges the soundness of Alexys principles theory by questioning its ontological and epistemological commitments. As legal principles are directly related to constitutional rights, the Alexy-Poscher debate has significant implications for constitutional adjudication. For instance, proportionality analysis which incorporates a highly controversial balancing test and the legitimate boundaries of judicial power, hinge on the debate's two opposing views. Yet despite the centrality and pervasiveness of this topic, German contributions to the theoretical and practical impact of legal principles remain generally overlooked by English-speaking scholars. Concluding with David Duartes critical and meticulous assessment of the debate, this collection bridges that important scholarly gap. Whether or not conversant in the debate on legal principles, legal researchers and advanced law students with interdisciplinary interests in jurisprudence and constitutional law will find in this book a timely and distinctive introduction to leading developments in German legal thinking. A chronological and up-to-date reconstruction of the debate between Robert Alexy and Ralf Poscher on legal principles. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9781509980574
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Paperback. Condition: new. Paperback. This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher.The debate represents the German development of an enduring jurisprudential controversy over the concept and adjudicatory role of legal principles, classically addressed by HLA Hart and Ronald Dworkin. Alexys principles theory, which has initially defined legal principles as optimisation requirements, currently argues that they express an ideal ought. Poschers critique challenges the soundness of Alexys principles theory by questioning its ontological and epistemological commitments. As legal principles are directly related to constitutional rights, the Alexy-Poscher debate has significant implications for constitutional adjudication. For instance, proportionality analysis which incorporates a highly controversial balancing test and the legitimate boundaries of judicial power, hinge on the debate's two opposing views. Yet despite the centrality and pervasiveness of this topic, German contributions to the theoretical and practical impact of legal principles remain generally overlooked by English-speaking scholars. Concluding with David Duartes critical and meticulous assessment of the debate, this collection bridges that important scholarly gap. Whether or not conversant in the debate on legal principles, legal researchers and advanced law students with interdisciplinary interests in jurisprudence and constitutional law will find in this book a timely and distinctive introduction to leading developments in German legal thinking. A chronological and up-to-date reconstruction of the debate between Robert Alexy and Ralf Poscher on legal principles. This item is printed on demand. Shipping may be from our UK warehouse or from our Australian or US warehouses, depending on stock availability. Seller Inventory # 9781509980574
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Taschenbuch. Condition: Neu. nach der Bestellung gedruckt Neuware - Printed after ordering - This collective work provides a chronological and up-to-date reconstruction of the three-round debate between Robert Alexy and Ralf Poscher.The debate represents the German development of an enduring jurisprudential controversy over the concept and adjudicatory role of legal principles, classically addressed by HLA Hart and Ronald Dworkin. Alexy's principles theory, which has initially defined 'legal principles' as optimisation requirements, currently argues that they express an 'ideal ought'. Poscher's critique challenges the soundness of Alexy's principles theory by questioning its ontological and epistemological commitments. As legal principles are directly related to constitutional rights, the Alexy-Poscher debate has significant implications for constitutional adjudication. For instance, proportionality analysis - which incorporates a highly controversial balancing test - and the legitimate boundaries of judicial power, hinge on the debate's two opposing views. Yet despite the centrality and pervasiveness of this topic, German contributions to the theoretical and practical impact of legal principles remain generally overlooked by English-speaking scholars. Concluding with David Duarte's critical and meticulous assessment of the debate, this collection bridges that important scholarly gap. Whether or not conversant in the debate on legal principles, legal researchers and advanced law students with interdisciplinary interests in jurisprudence and constitutional law will find in this book a timely and distinctive introduction to leading developments in German legal thinking. Seller Inventory # 9781509980574
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Taschenbuch. Condition: Neu. The Alexy-Poscher Debate on Legal Principles | Robert Alexy (u. a.) | Taschenbuch | Englisch | 2026 | Hart Publishing | EAN 9781509980574 | Verantwortliche Person für die EU: Libri GmbH, Europaallee 1, 36244 Bad Hersfeld, gpsr[at]libri[dot]de | Anbieter: preigu Print on Demand. Seller Inventory # 136284110
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