Alexy on Necessity in Law and Morals

12 Pages Posted: 23 Feb 2012  

Dennis Patterson

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

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Date Written: March 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 (March 2012). Ratio Juris, Vol. 25, Issue 1, pp. 47-58, 2012. Available at SSRN: https://ssrn.com/abstract=2009744 or http://dx.doi.org/10.1111/j.1467-9337.2011.00502.x

Dennis Patterson (Contact Author)

European University Institute ( email )

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Rutgers University School of Law, Camden ( email )

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Swansea University School of Law

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

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