Understanding the nature and role of rights is a central issue in the philosophy of practical reason. Asking how legal rights relate to their moral counterparts, this book criticises existing analytic models and presents a new theory based on the idea of public reason.
When and why do judges use inspiration from other systems in solving cases in national law? This book examines the frequency and the genuine practice of cross-border judicial dialogue in contemporary Europe. It evaluates these findings and asks what they mean for our understandi…
Recently legal scholarship has been heavily influenced by coherence theories of law and adjudication. These theories significantly advance the case for coherentism in law, yet a number of problems remain. This ambitious new work is the first to develop a coherence-based theory o…
Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. Inte…
"Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international a…
Comparative constitutional reasoning
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at …
This volume brings together leading figures from Anglo-American and German legal philosophy and constitutional theory to examine themes from the influential work of Robert Alexy. The topics covered include the nature of law and legal reasoning, and the nature of constitutional r…
This volume brings together leading figures from Anglo-American and German legal philosophy and constitutional theory to examine themes from the influential work of Robert Alexy. The topics covered include the nature of law and legal reasoning, and the nature of constitutional r…
Papers presented at a conference held at the University of Michigan Law School, April 13-14, 2007.