- Tragic choice as a legal concept
- workshop "The Principles Theory", 23rd World congress of the International Association for Philosophy of Law and Social Philosophy
- Book/source title
- On the nature of legal principles
- Book/source subtitle
- proceedings of the Special Workshop "The Principles Theory" held at the 23rd World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Kraków, 2007
- ARSP. Archiv für Rechts- und Sozialphilosophie. Beiheft
- Pages (from-to)
- Franz Steiner Verlag
- Document type
- Conference contribution
- Faculty of Law (FdR)
- Paul Scholten Centre for Jurisprudence (PSC)
Although tragic choices are a common phenomenon in human experience, dominant conceptions of legal reasoning in Western constitutional democracies do not account for the tragic character of legal choices. These conceptions are therefore highly reassuring both for the legal system as a whole as well as for the legal agents concerned.
In this paper it is argued that conceptions of legal reasoning should make room for the concept of tragic legal choice. In order to grasp the substantial bearing of this claim, the main characteristics of the concept of a tragic legal choice will also be fleshed out.
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