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Alexy on Necessity in Law and Morals

PATTERSON, DENNIS (2012) Alexy on Necessity in Law and Morals Ratio Juris, 25 (1). pp. 47-58.

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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.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
Date : 22 February 2012
DOI : 10.1111/j.1467-9337.2011.00502.x
Copyright Disclaimer : © 2012 The Author. Ratio Juris © 2012 Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 MainStreet, Malden 02148, USA.
Depositing User : Karen Garland
Date Deposited : 12 Dec 2017 09:30
Last Modified : 12 Dec 2017 09:30

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