Alexy on Necessity in Law and Morals
Ratio Juris 25 (1):47-58 (2012)
| Abstract | Robert Alexy has built his original theory of law upon pervasive claims for “necessary” features of law. In this article, I show that Alexy's claims suffer from two difficulties. First, Alexy is never clear about what he means by “necessity.” Second, Alexy writes as if there have been no challenges to claims of conceptual necessity. There have been such challenges and Alexy needs to answer them if his project is to succeed | |||||||||
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John Gardner (2012). How Law Claims, What Law Claims. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
Matthias Klatt (2012). Robert Alexy's Philosophy of Law as System. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
Jan Henrik Klement (2012). Common Law Thinking in German Jurisprudence : On Alexy's Principles Theory. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
Stanley L. Paulson (2012). A 'Justified Normativity' Thesis in Hans Kelsen's Pure Theory of Law? : Rejoinders to Robert Alexy and Joseph Raz. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
Matthias Klatt (ed.) (2012). Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
Mattias Kumm (2012). Alexy's Theory of Constitutional Rights and the Problem of Judicial Review. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
Paula Gaido (2012). Some Problems with Robert Alexy's Account of Legal Validity: The Relevance of the Participant's Perspective. Ratio Juris 25 (3):381-392.
Robert Alexy (2012). Comments and Responses. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
David H. McIlroy (2013). When Is a Regime Not a Legal System? Alexy on Moral Correctness and Social Efficacy. Ratio Juris 26 (1):65-84.
Tony Ward (2006). Two Schools of Legal Idealism: A Positivist Introduction. Ratio Juris 19 (2):127-140.
Robert Alexy (2007). On Two Juxtapositions: Concept and Nature, Law and Philosophy. Some Comments on Joseph Raz's "Can There Be a Theory of Law?". Ratio Juris 20 (2):162-169.
Robert Alexy (1989). On Necessary Relations Between Law and Morality. Ratio Juris 2 (2):167-183.
Cristina Lafont (2012). Correctness and Legitimacy in the Discourse Theory of Law. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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