Armin Engländer
Diskurs als Rechtsquelle?
Zur Kritik der Diskurstheorie des Rechts
[Discourse as a Source of Law? A Critique of the Discourse Theory of Law. By Armin Engländer.]
2002. 205 pages. Unrevised ebook edition 2025. including VAT
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- 978-3-16-165882-2
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The discourse theory of law is one of those concepts which have received considerable attention in the current discussion on the philosophy of law. The central hypothesis of this is that laws and judicial decisions have to be shown as justifiable in a discourse. Armin Engländer gives an in-depth criticism of this viewpoint. He demonstrates in detail that the basic linguistic assumptions have not been substantiated convincingly and that central elements of modern constitutional states, such as for example subjective rights of freedom, cannot be justified adequately from the standpoint of the discourse theory.