Jump to ContentJump to Main Navigation
Institutionalized ReasonThe Jurisprudence of Robert Alexy$
Users without a subscription are not able to see the full content.

Matthias Klatt

Print publication date: 2012

Print ISBN-13: 9780199582068

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199582068.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 20 November 2017

The Doctrine of Balancing—its Strengths and Weaknesses

The Doctrine of Balancing—its Strengths and Weaknesses

Chapter:
(p.152) 7 The Doctrine of Balancing—its Strengths and Weaknesses
Source:
Institutionalized Reason
Author(s):

Matthias Jestaedt

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199582068.003.0007

If one measures the success of a jurisprudential idea by the number of times it is cited, or, more precisely, by the frequency with which approving reference is made to it within the academic community, the doctrine of balancing — above all in the version propounded by Robert Alexy and his Kiel school — may confidently be designated a hit. If one extends one's sights beyond the borders of the domestic market for legal theory to consider its reception in the discourse of non-German legal studies, the doctrine in question can hardly be denied the accolade of an export triumph of German jurisprudence. The main themes of the doctrine of balancing benefit from a ‘high intuitive plausibility’ are easily grasped. Yet the frequency with which they are accepted stands — at least in Germany — in remarkable, even irritating, contrast to the low intensity with which practical doctrinal legal theory (concerned as it is with the application of law) engages with the premises, the construction and development, and the explicit and implicit consequences of the doctrine. This chapter presents reflections directed to just these issues and, on the basis of an analysis of the doctrine of balancing, seeks to distil its strengths and weaknesses.

Keywords:   Robert Alexy, legal philosophy, balancing doctrine, legal theory

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .