Abstract

This chapter discusses Alexy’s theory of legal argumentation. The central question in the work on legal argumentation of Robert Alexy is how normative statements, such as legal decisions, can be justified in a rational way. Alexy considers the process of justification of normative statements as a practical discussion or ‘practical discourse’ and the process of justification of legal decisions as ‘legal discourse’. Since a legal discussion in which legal norms are defended is a specific form of general practical discourse, a theory of legal argumentation should be founded on a general theory of this kind.

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