Legal Certainty and Correctness

11 Pages Posted: 18 Nov 2015  

Robert Alexy

University of Kiel - Faculty of Law

Date Written: December 2015

Abstract

What is the relation between legal certainty and correctness? This question poses one of the perpetual problems of the theory and practice of law - and for this reason: The answer turns on the main question in legal philosophy, the question of the concept and the nature of law. Thus, in an initial step, I will briefly look at the concept and the nature of law. In a second step, I will attempt to explain what the concept and the nature of law, thus understood, imply for the relation between legal certainty and correctness. Here three issues will be considered: first, the Radbruch formula as an answer to the problem of extreme injustice; second, the special case thesis, which claims that legal argumentation is a special case of general practical argumentation; and, third, the problem of the judicial development of the law.

Suggested Citation

Alexy, Robert, Legal Certainty and Correctness (December 2015). Ratio Juris, Vol. 28, Issue 4, pp. 441-451, 2015. Available at SSRN: https://ssrn.com/abstract=2691762 or http://dx.doi.org/10.1111/raju.12096

Robert Alexy (Contact Author)

University of Kiel - Faculty of Law ( email )

Kiel
Germany
0431/880-3543 (Phone)
0431/880-3745 (Fax)

Paper statistics

Downloads
1
Abstract Views
225