Ratio Juris 23 (2):167-182 (2010)
The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal argumentation to both authoritative and non-authoritative reasons, and the distinction between rules as expressing a real “ought” and principles as expressing its ideal counterpart. All of this underscores the point that the dual nature of law is the single most essential feature of law
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References found in this work BETA
Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.Jürgen Habermas - 1996 - Polity.
Citations of this work BETA
Exclusive Legal Positivism and Legal Autopoiesis: Towards a Theory of Dialectical Positivism.Oles Andriychuk - 2015 - Rechtstheorie 46 (1):37-70.
Some Problems with Robert Alexy's Account of Legal Validity: The Relevance of the Participant's Perspective.Paula Gaido - 2012 - Ratio Juris 25 (3):381-392.
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