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Problems of Discourse Theory

Critica 20 (58):43-65 (1988)

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  1. On Necessary Relations Between Law and Morality.Robert Alexy - 1989 - Ratio Juris 2 (2):167-183.
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  • Discourse Theory and Human Rights.Robert Alexy - 1996 - Ratio Juris 9 (3):209-235.
  • Justification and Application of Norms.Robert Alexy - 1993 - Ratio Juris 6 (2):157-170.
  • Norms in Deliberation: The Role of the Principles of Justice and Universalization in Practical Discourses on the Justice of Norms.Cristina Corredor - 2018 - Studies in Logic, Grammar and Rhetoric 55 (1):11-29.
    Discursive theories of justice have been questioned for putting forward high-level principles that should nevertheless play a role in practical discourses in which the justice of a claim is at stake. Here, I will critically examine and systematize the main tenets in Rawls’s and Habermas’s discursive theories, and will suggest that the principles of justice and universalization can and play the role of mandates of optimalization in real deliberations on justice.
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  • Legal Certainty and Correctness.Robert Alexy - 2015 - Ratio Juris 28 (4):441-451.
    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, (...)
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  • The Dual Nature of Law.Robert Alexy - 2010 - Ratio Juris 23 (2):167-182.
    The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal argumentation (...)
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