Alexy on Necessity in Law and Morals

Ratio Juris, Vol. 25 No. 1, pp. 47–58, March 2012

12 Pages Posted: 2 Apr 2011 Last revised: 26 Dec 2013

See all articles by Dennis Patterson

Dennis Patterson

Rutgers University School of Law, Camden; University of Surrey - School of Law

Date Written: February 27, 2012

Abstract

Robert Alexy has built his original theory of law upon pervasive claims for “necessary” features of law. In this article, I show that Alexy’s claims suffer from two difficulties. First, Alexy is never clear about what he means by “necessity.” Second, Alexy writes as if there have been no challenges to claims of conceptual necessity. There have been such challenges and Alexy needs to answer them if his project is to succeed.

Suggested Citation

Patterson, Dennis, Alexy on Necessity in Law and Morals (February 27, 2012). Ratio Juris, Vol. 25 No. 1, pp. 47–58, March 2012 , Available at SSRN: https://ssrn.com/abstract=1800817

Dennis Patterson (Contact Author)

Rutgers University School of Law, Camden ( email )

Camden, NJ 08102-1203
United States
856-225-6369 (Phone)
856-751-8752 (Fax)

University of Surrey - School of Law ( email )

United Kingdom

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