Ratio Juris 19 (2):127-140 (2006)
|Abstract||This article provides a critical introduction to an issue fo Ratio Juris concerend with two contrasting schools of legal idealism: the so-called Sheffield School (Beyleveld, Brownsword and colleagues) and the “discourse ethics” school of Habermas and Alexy. The article focusses on four issues: (1) whether a "claim to correctness" is a necessary feature of law, (2) the connection between correctness and validity, (3) Alexy's argument for a "qualifying connection" between law and morality, and its counterpart in the Sheffield School's approach, and (4) Alexy's case for the "Radbruch formula": that "extreme injustice is not law”. While rejecting both versions of the case for legal idealism, I argue that both schools offer vaulable, and broadly similar, insights into what makes a legal system morally legitimate.|
|Keywords||legal positivism legal idealism discourse ethics|
|Through your library||Configure|
Similar books and articles
Robert Alexy (2008). On the Concept and the Nature of Law. Ratio Juris 21 (3):281-299.
Bev Clucas (2006). The Sheffield School and Discourse Theory: Divergences and Similarities in Legal Idealism/Anti-Positivism. Ratio Juris 19 (2):230-244.
Robert Alexy (2002). The Argument From Injustice: A Reply to Legal Positivism. 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.
Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
Francois Chevrette & Hugo Cyr, Legal Positivism? What Are You Talking About? ('De Quel Positivisme Parlez-Vous?').
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.
Vadim Verenich (2011). On Relationships Between the Logic of Law, Legal Positivism and Semiotics of Law. Sign Systems Studies 39 (2-4):145-195.
Vittorio Villa (2009). Inclusive Legal Positivism, Legal Interpretation, and Value-Judgments. Ratio Juris 22 (1):110-127.
Robert P. George (ed.) (1996). The Autonomy of Law: Essays on Legal Positivism. Oxford University Press.
Kenneth M. Ehrenberg (2011). The Anarchist Official: A Problem for Legal Positivism. Australian Journal of Legal Philosophy 36:89-112.
Aldo Schiavello (2011). Neil MacCormick's Second Thoughts on Legal Reasoning and Legal Theory. A Defence of the Original View. Ratio Juris 24 (2):140-155.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Added to index2010-09-02
Total downloads8 ( #123,092 of 549,088 )
Recent downloads (6 months)1 ( #63,317 of 549,088 )
How can I increase my downloads?