Two Schools of Legal Idealism: A Positivist Introduction

Ratio Juris 19 (2):127-140 (2006)
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
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DOI 10.1111/j.1467-9337.2006.00320.x
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References found in this work BETA
Alan Gewirth (1978). Reason and Morality. University of Chicago Press.
John Gardner (2001). Legal Positivism: 5½ Myths. American Journal of Jurisprudence 46 (1):199-227.

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