Introduction
The theme of this post is the forms of systematic arguments in the strict sense in judicial decisions in Robert Alexy’s view. These forms concern the logical relationships between legal norms.
Continue readingForms of external justification using teleological arguments in judicial decisions
Introduction
This post deals with the forms of teleological arguments in judicial decisions according to Robert Alexy. These forms refer to arguments used to support that a norm should be interpreted in a certain way due to its objective purposes.
Continue readingForms of external justification using comparative arguments in judicial decisions
Introduction
In this post, I analyze the forms of comparative arguments in judicial decisions from Robert Alexy’s perspective (1989, p. 239-240). Such forms adopt as a reference the state of affairs in one society to argue that an interpretation of a norm should or should not be accepted in another society.
Continue readingForms of external justification using historical arguments in judicial decisions
Introduction
This post examines the forms of historical arguments in judicial decisions according to Robert Alexy (1989, p. 239). These forms use historical learning to argue that an interpretation of a norm should or should not be accepted.
Continue readingForms of external justification using genetic arguments in judicial decisions
Introduction
The subject of this post is the forms of genetic arguments analyzed by Robert Alexy. These forms are used to argue that a legal norm should be interpreted in a certain way because that would be the will of the legislator.
Continue readingForms of external justification using semantic arguments in judicial decisions
Introduction
In this post, I analyze the forms of semantic arguments identified by Robert Alexy. These forms are employed to contend that a legal norm should be interpreted in a certain way based on how language is used.
Continue readingExternal justification with regard to facts in judicial decisions
Introduction
The theme of this post is the external justification with regard to facts in judicial decisions from Robert Alexy’s perspective.
Continue readingForms and rules of internal justification of judicial decisions
Introduction
This post aims to clarify the forms and rules of internal justification of judicial decisions according to Robert Alexy.
Continue readingInternal and external justification of judicial decisions
Introduction
This post deals with the distinction between internal and external justification of judicial decisions according to Robert Alexy.
Continue readingSpecial case thesis
Introduction
The subject of this post is the special case thesis formulated by Robert Alexy. According to this thesis, legal discourse is a special case of general practical discourse.
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