About The Workshop
SW 53-Law’s Ideal Dimension. Robert Alexy’s Philosophy of Law
Convenors: Carsten Bäcker; Martin Borowski; Jan Sieckmann
Contact: jan.sieckmann@fau.de ; carsten.baecker@uni-bayreuth.de ; martin.borowski@jurs.uni-heidelberg.de
Robert Alexy’s works on discourse theory, fundamental rights, and the concept and nature of law have influenced the debates in legal philosophy, legal argumentation, and constitutional law deeply. With his discourse theory, he introduced the thesis of a necessary claim to correctness in legal argumentation, provided a foundation for human rights, and offered a view on law as an institutionalization of discourse. His theory of principles as optimization requirements served for the construction of constitutional rights, but also of normative institutional relations by means of “formal principles”, and includes a theory of balancing and proportionality, presented by his “weight formula”. Regarding the concept of law, his thesis of the necessary claim of law to correctness, the dual nature of law and its “ideal dimension” establish an original and peculiar conception of legal non-positivism.
In his book “Law’s Ideal Dimension”, Alexy has collected a selection of articles that represents his theory of law. The workshop will take up the structure of this book and discuss themes of Alexy’s legal philosophy presented there.
Contact:
jan.sieckmann@fau.de ; carsten.baecker@uni-bayreuth.de ; martin.borowski@jurs.uni-heidelberg.de
