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Alexy's Thesis of the Necessary Connection between Law and Morality

Alexy's Thesis of the Necessary Connection between Law and Morality This paper criticizes Alexy's argument on the necessary connection between law and morality. First of all, the author discusses some aspects of the notion of the claim to correctness. Basically, it is highly doubtful that all legal authorities share the same idea of moral correctness. Secondly, the author argues that the claim to correctness is not a defining characteristic of the concepts of “legal norm” and “legal system”. Hence, the thesis of a necessary connection between law and morality based on such claim cannot be accepted. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Ratio Juris Wiley

Alexy's Thesis of the Necessary Connection between Law and Morality

Ratio Juris , Volume 13 (2) – Jun 1, 2000

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References (4)

Publisher
Wiley
Copyright
Blackwell Publishers Ltd 2000
ISSN
0952-1917
eISSN
1467-9337
DOI
10.1111/1467-9337.00145
Publisher site
See Article on Publisher Site

Abstract

This paper criticizes Alexy's argument on the necessary connection between law and morality. First of all, the author discusses some aspects of the notion of the claim to correctness. Basically, it is highly doubtful that all legal authorities share the same idea of moral correctness. Secondly, the author argues that the claim to correctness is not a defining characteristic of the concepts of “legal norm” and “legal system”. Hence, the thesis of a necessary connection between law and morality based on such claim cannot be accepted.

Journal

Ratio JurisWiley

Published: Jun 1, 2000

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