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A. The Principles Theory as a Theory about the Concept of Law A. The Principles Theory as a Theory about the Concept of Law
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B. The Principles Theory as a Theory of Norms B. The Principles Theory as a Theory of Norms
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C. The Principles Theory as a Theory of Adjudication C. The Principles Theory as a Theory of Adjudication
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D. The Principles Theory as a Theory of Argumentation D. The Principles Theory as a Theory of Argumentation
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E. The Principles Theory as a Doctrinal Theory of Fundamental Rights E. The Principles Theory as a Doctrinal Theory of Fundamental Rights
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10 The Principles Theory: How Many Theories and What is their Merit?
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Published:February 2012
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Abstract
This chapter presents a critique of Alexy's principles theory which has two objectives. First, it attempts to distinguish between the different types of theory that have found refuge under the unitary label. By clarifying the different theoretical aspirations pursued by proponents of the principles theory, it attempts to systematize the various theoretical and doctrinal efforts that often have not been clearly separated in the debate. The critique aims at a framework within which the different arguments and criticisms can be situated, so that it becomes clearer to which type, level, or aspect of the principles theory the argument is directed. Second, the critique offers an evaluation of the theoretical and doctrinal positions and achievements of the various principles theories found at each of the levels identified. This analysis is critical, for the most part. The claim is that the principles theory is mistaken on most counts and also that it fails in its self-conception by confusing the different levels of its theoretical and doctrinal aspirations.
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