ILR 12

Who is Robert Alexy?

• A criminal law judge in France

• A German legal philosopher known for his theory of legal argumentation

• A political leader

• An economist specializing in law and finance

What is Robert Alexy best known for in legal theory?

• Creating new criminal procedures

• His theory of natural law in the 18th century

• Developing the theory of legal argumentation and the distinction between rules and principles

• Promoting judicial silence

What is a key concept in Alexy’s theory of legal reasoning?

• Law should never be debated

• Legal decisions should always be made by vote

• Judges must rely only on emotions

• Legal reasoning must follow principles that require balancing, not just rules

According to Alexy, how are rules different from principles?

• Rules apply in an all-or-nothing fashion, while principles require balancing

• Rules and principles are the same

• Rules are general suggestions; principles are commands

• Principles can be ignored in legal cases

What is the “Principle of Proportionality” in Alexy’s theory?

• A rule about courtroom behavior

• A method of applying strict punishments

• A process to balance conflicting legal principles in a fair and measured way

• A guide for counting votes in parliament

What kind of legal system does Alexy advocate?

• One based only on tradition

• One that excludes moral reasoning

• One that integrates both legal norms and moral principles

• One that follows personal views of judges

What is the central focus of Robert Alexy’s theory of legal argumentation?

• The procedural rationality of legal discourse

• The economic analysis of law

• The role of judicial discretion in legal systems

• The sociological functions of law

According to Alexy, which of the following is a key component of legal discourse?

• Coercion

• Rational justification

• Political negotiation

• Cultural consensus

Alexy integrates which philosopher’s discourse theory into his legal theory?

• Michel Foucault

• Ronald Dworkin

• Hans Kelsen

• Jürgen Habermas

Which principle is essential in Alexy’s model of legal discourse?

• Principle of utility

• Principle of legality

• Principle of universalizability

• Principle of sovereign command