The Structure of Formal Principles

Martin Borowski, Martin Borowski

Research output: Chapter in Book/Report/Conference proceedingChapter


The model of legal principles introduced by Ronald Dworkin and further developed by Robert Alexy stands at the center of a variety of debates in the fields of legal philosophy and legal theory. In the controversy about the legal concept, the concept of principles is advanced in favor of a necessary bond between law and morals. In methodological contexts, the consideration of principles is now given the same weight as the subsumption under rules. The analysis of balance has led in particular to a deeper understanding of the principle of proportionality, which is of central importance in constitutional law and in many other areas of law. This ARSP supplement collects essays on central aspects of the theory of principles.
Original languageEnglish
Title of host publicationOn the Nature of Legal Principles: Proceedings of the Special Workshop The Principles Theory held at the 23rd World Congress of the International Association ... und Sozialphilosophie - Beihefte (ARSP-B))
Publication statusPublished - 13 Jul 2010


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