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
Date Written: February 27, 2012
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.
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