THE CONTRIBUTION AND THE LIMITS OF KLAUS GUNTHER’S THEORY: THE DISTINCTION BETWEEN JUSTIFICATION AND APPLICATION DISCOURSES FOR A RECONSTRUCTION OF JUDICIAL FUNCTION

Authors

  • Flávio Quinaud Pedron

DOI:

https://doi.org/10.5380/rfdufpr.v48i0.15748

Keywords:

Aplicação e conflito entre princípio, legitimidade das decisões judiciais, jurisprudência de valores, Aplication and principle´s conflict, legal decisions legitimacy, value jurisprudence

Abstract

The following article intendsto rebuilt the argumentative base of KlausGünther’s Legal Reasonable in order todemonstrate how the separation betweenjustification and application legal discoursesrepresents a more appropriate answer tocases involving “principles collisions”than Robert Alexy’s theory. Furthermore,Günther plays an important role in the(re)construction of a procedural theoryrelated to Jürgen Habermas’ discoursivetheory, demonstrating how it is possibleto achieve legitimacy in the processof adjudication.

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How to Cite

Pedron, F. Q. (2008). THE CONTRIBUTION AND THE LIMITS OF KLAUS GUNTHER’S THEORY: THE DISTINCTION BETWEEN JUSTIFICATION AND APPLICATION DISCOURSES FOR A RECONSTRUCTION OF JUDICIAL FUNCTION. Revista Da Faculdade De Direito UFPR, 48. https://doi.org/10.5380/rfdufpr.v48i0.15748

Issue

Vol. 48 No. 0 (2008)

Section

Artigos

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