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.
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.
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.