Download this Paper Open PDF in Browser

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

Dennis Patterson

European University Institute; Rutgers University School of Law, Camden; Swansea University School of Law; European University Institute - Department of Law (LAW)

Multiple version iconThere are 2 versions of this paper

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)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

Rutgers University School of Law, Camden ( email )

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

Swansea University School of Law

Singleton Park
Swansea, SA2 8PP
United Kingdom

European University Institute - Department of Law (LAW) ( email )

Via Boccaccio 121 (Villa Schifanoia)
I-50122 Firenze
ITALY

Paper statistics

Downloads
220
Rank
115,145
Abstract Views
1,093