Discourse Theory and Human Rights*

Robert Alexy

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Legal Rights and Human Rights Comparative constitutional jurisprudence studies Political Philosophy and Ethics

Abstract

Abstract. The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

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References

2001Inquiries into Truth and Interpretation 1991Perpetual Peace: a Philosophical Sketch 1926Kants Gesammelte Schriften.1985Theorie der Grundrechte 1991The Metaphysics of Morals 1973Transformation der Philosophie 1989Why Dialogue?

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2009The Unfinished Democratization of Europe 2010The Dual Nature of Law 2006The EU – a cosmopolitan polity?

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