Constitutionalism and Legal Reasoning

• Main Author: Torre, Massimo La (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic eBook
• Language: English
• Published: Dordrecht : Springer Netherlands, 2007.
• Subjects: Law.; Ethics.; Political science.; Political philosophy.; Law, general.; Philosophy of Law.; Political Philosophy.

This is a search of a model for a humane law -- where the cruelty ban is still in force. This book however is not intended as an utopian enterprise; the humane law which is looked for is not for the future, nor is it meant as a reform project, or as a programme for new institutions to come. here the...

Table of Contents:

• Preface. Part I: Law as Constitution. 1. Rhetoric and Practical Reason. 2. Constitutionalism and Legal Positivism. 3. From State Law to Constitutional State, or, from Herrschaft to "Discourse".-Part II: Legal Argumentation and Concepts of Law. 1. Rhetoric and Practical Reason. 2. Legal Reasoning Redeemed. 3. Contemporary Doctrines. 4. Law as Discourse and Constitution
• Part III: The Practice of Law and Legal Ethics. 1. "Jurists, bad Christians". 2. Ambiguity of Deontological Rules. 3. Two Opposed Paradigms. 4. Legal Ethics and the Concept of Law. Epilogue
• Appendix A: Natural Law: "Exclusive" Versus "Inclusive". Appendix B: Robert Alexy's Constitutional Rights Theory.