Rights, Legal Reasoning and Rational Discourse |
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Authors: | ROBERT ALEXY |
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Affiliation: | Christian-Albrechts University Faculty of Law Olshausenstrafle 40 D-2300 Kiel 1 Germany |
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Abstract: | Abstract The first part of this article contains an analysis of the concept of a right, which implies a rational structure of reasoning about rights, elaborated in the second part. In the third part both the concept of a right and reasoning about rights are connected with the theory of rational discourse. The author's thesis is that there exists an internal relation between the theory of rights and the theory of legal reasoning. |
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