englischThe concept of “Vergeltungstheorie” is defined by questioning its absoluteness as its essential quality and subsuming it under a type of theory of punishment that also includes relative theories: the retributivism. This eliminates its labeling as purposeless, rigorous, pure, comprehensive, [...]

englischKarl-Otto Apel, Jürgen Habermas and Robert Alexy claim to show that the ultimate justification of human rights as moral and positive rights is based on discourse. Answering the question of whether this claim can actually be fulfilled in their discourse theories of morality and law is the [...]

englischThe context of this book is the widespread use of proportionality and balancing of principles in several legal systems. Its main aim is to discuss why and under which conditions these techniques may improve the constitutional review process.

It also addresses the issue of how legal [...]

englischThe adjudication of parallel fundamental rights catalogues at the domestic level regularly raises the question regarding the correct solution when the two catalogs reach different results. In this book, the conception of fundamental rights as the transformation of moral rights into positive [...]

englischProportionality analysis in the context of equality rights is confronted with numerous problems. They comprise the question of the general possibility of proportionality analysis in the application of equality rights as well as the exact structure of such an application. An analysis [...]

englischBased on a formal conception of autonomy, structures and objectively valid core contents of human rights are elaborated. The conception of autonomy as a balancing of normative arguments and its connection with the principle theory of law is presented. On this basis, the need to recognize [...]

englischHenrique Neves investigates the relation between legal normativity and legal facticity on the basis of Hans Kelsen's legal positivism and Robert Alexy's non-positivism. On the basis of the parallelism thesis, the author explains how the legal phenomenon is constituted by thoroughly analyzing [...]

englischThe discussion of defeasibility in legal theory is mainly focused on the question of whether this phenomenon is compatible with a deductivist model of legal reasoning. In contrast, a number of more fundamental questions are neglected that are of comparable theoretical significance: What does [...]

englischFor the first time, the hitherto mostly unexplored philosophical elements of the “jurisprudence of interests” are presented as a whole and Heck's work is analysed in depth from this specific point of view. To this end, the presentation begins with Heck's answers to the questions whether it [...]

englischThe book describes the main concepts of the correctness thesis. The second part presents a reconstruction of the claim to correctness in some classical legal theories. For instance, it explains the thesis that we can find two different references to claims in Kelsen´s theory, therefore [...]