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Leone Niglia

This chapter proposes a new reading of Robert Alexy’s theory of ‘institutionalising reason’ through reconstructing a comparative map of influences of Alexy’s Theorie der juristischen Argumentation (1978) and Theorie des Grundrechte (1985) on private law and legal thought.

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Leone Niglia

On a comparative reading, Europeanization is a phenomenon that adds to, and exacerbates, the criticality of tort as a private law institution whose boundaries are, as ever, deeply contested.

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Massimo La Torre, Leone Niglia and Mart Susi

This book’s aim is to take seriously the legal theoretical thesis that the law has a double dimension: a ‘real’ or ‘conventional’ dimension, which is somehow a matter of course and a reflection of the concrete legal practice in the world of facts, and an ‘ideal’ or ‘normative’ dimension, which one finds in the aspi¬rations and claims that accompany that same legal practice and facts. Law is factual, but it is also ideal and/or normative, and this is in the common percep¬tion of citizens and legal practitioners related to a notion of justice. This double dimension of law has been articulated in different ways by several philoso¬phers of law and legal scholars, and has recently found a powerful elaboration in Professor Robert Alexy’s theory of the nature of law. In this book we take as a starting point Professor Alexy’s proposal and at the same time attempt to present an original discussion about law and rights. As a matter of fact it is legal rights and principles that best express what is commonsensically meant by the ideal and normative dimensions of law.

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The Quest for Rights

Ideal and Normative Dimensions

Edited by Massimo La Torre, Leone Niglia and Mart Susi

This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?