Legal Reasoning: The Methods of Balancing
eBook - PDF

Legal Reasoning: The Methods of Balancing

Proceedings of the Special Workshop "Legal Reasoning: The Methods of Balancing" held at the 24th World Congress of the International Association for Philosophy of Law and Social Philosophy in Beijing, 2009

  1. 210 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Legal Reasoning: The Methods of Balancing

Proceedings of the Special Workshop "Legal Reasoning: The Methods of Balancing" held at the 24th World Congress of the International Association for Philosophy of Law and Social Philosophy in Beijing, 2009

About this book

Balancing is an indispensable instrument of legal reasoning, both with respect to the interpretation and application of basic and human rights and to numerous other fields of law. However, the objectivity, rationality, and legitimacy of this method are now being contested. It is criticised as irrational and arbitrary, a threat to legal certainty, and an illegitimate interference of courts with the political sphere.

The contributions in this volume are devoted to an examination of these issues. Some of them discuss the structure of balancing and offer advanced theoretical analyses. A main focus is Robert Alexy's "weight formula". Other issues are the problem of rationality of balancing and its legitimacy in judicial decision-making, in particular regarding the application of the principle of proportionality in constitutional and European Community law.

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Yes, you can access Legal Reasoning: The Methods of Balancing by Jan-Reinard Sieckmann in PDF and/or ePUB format, as well as other popular books in Philosophy & History & Theory of Philosophy. We have over one million books available in our catalogue for you to explore.

Table of contents

  1. FOREWORD
  2. CONTENTS
  3. THE THEORETICAL RELEVANCE OF PARACONSISTENT DEONTIC LOGIC
  4. PRINCIPLES AS IDEAL OUGHT.SEMANTIC CONSIDERATIONS ON THE LOGICAL STRUCTURE OFPRINCIPLES*
  5. DRAWING UP THE BOUNDARIES OF NORMATIVE CONFLICTS THAT LEAD TO BALANCES
  6. BALANCING AND LEGAL DECISION THEORY
  7. RATIONALITY, DISCRETION, AND DECISION THEORY
  8. BALANCING, OPTIMISATION, AND ALEXY’S “WEIGHT FORMULA”
  9. BALANCING IN A VECTOR SPACE
  10. ON ALEXY’S WEIGHING FORMULA
  11. THE PRINCIPLE OF PROPORTIONALITY (THESES FOR DISCUSSION)
  12. BALANCING AND LEGITIMACY. REFLECTIONS ON THE BALANCING OF LEGAL PRINCIPLES
  13. THE LIMITS OF BALANCING
  14. LIST OF AUTHORS