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Concept and Function of Principles. A Critique of Robert Alexy

Authors: András Jakab;

Concept and Function of Principles. A Critique of Robert Alexy

Abstract

In recent decades, various theories have postulated that principles have a structure distinct from that of rules (or norms). This contribution introduces and critically analyzes these theories (esp. the one of Robert Alexy) in order to develop a new approach to the concept and function of principles. Its main thesis is that “principles” should not be conceived as structurally different from “rules”; a “principle” means simply a “very important rule”, so the differentiation is of rhetorical nature. This result does not deny, however, the existence of special functions bound to “principles”. It simply wants to get rid of a superfluous common place on the distinct logical structure of principles. It is superfluous because the phenomena explained by it can also be otherwise (i.e. by the traditional rule paradigm) explained. Its introduction, thus, only superfluously, unnecessarily complicates the explanation.

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Average
Average
Average
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