Abstract

The main issue that I take up in this article is the relation between balancing and argumentation. My thesis takes the form of a mathematical formula, the Weight Formula. In recent work, Giovanni B. Ratti has set out a radical critique of my thesis, and Manuel Atienza has offered a systematic critique, maintaining that my Theory of Legal Argumentation and my Theory of Constitutional Rights are to a certain degree incompatible. My reply is that the Weight Formula represents a form of argument that is not only compatible with rational argumentation but, indeed, is required by it. The unity of my theory is thereby established.