On the Connection between Law and Morality: Some Doubts about Robert Alexy's View. (24th April 2020)

• Record Type: Journal Article
• Authors: Koller, Peter
• Is Part Of: Ratio juris. Volume 33:Number 1(2020:Mar.)
• Page Start: 24
• Page End: 34
• Publication Date: 2020-04-24
• Subjects: Law -- Philosophy -- Periodicals; Jurisprudence -- Periodicals; 340
• DOI: 10.1111/raju.12272
• Languages: English
• ISSNs: 0952-1917

Abstract

Abstract: The paper aims at a critical discussion of Alexy's conception of the relationship between law and morality, which is known to insist on their necessary connection. After a brief recapitulation of this conception, the author scrutinizes three of its essential elements: the thesis of the dual nature of law, the argument from law's claim to moral correctness, and the idea of an objective morality. Finally, he sketches his own position which, in some respects, resembles Alexy's view, but also differs from it in certain relevant points.