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Dual character of concepts and the discourse theory of law

In Matthias Klatt (ed.), Institutionalized reason: the jurisprudence of Robert Alexy. New York: Oxford University Press (2012)

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  1. Privatization or pluralization?: Reflections on multiple jurisdictions.Maeve Cooke - 2010 - Philosophy and Social Criticism 36 (3-4):425-440.
    In a widely publicized lecture in 2008, the Archbishop of Canterbury, Rowan Williams, expressed his concern that the conception of law and democratic citizenship prevailing in England may lead to ghettoization. The problem, in his view, is that the bulk of the convictions and commitments that define a given citizen’s identity are seen as a matter of individual choice and relegated to the private realm. In diagnosing this problem, Williams tacitly distances himself from a privatizing view of democratic politics. In (...)
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  • Scott J Shapiro between Positivism and Non-Positivism.Robert Alexy - 2016 - Jurisprudence 7 (2):299-306.
    In his book Legality Scott J Shapiro presents a large-scale and sophisticated attempt to defend legal positivism in its most outspoken form, namely exclusive legal positivism. This, however, does not mean that morality plays no role in Shapiro’s analysis of the nature of law. On the contrary, he connects law with morality in myriad ways. This gives rise to the question of whether Shapiro’s theory of the nature of law is truly positivistic. In the article I argue that Shapiro’s theory (...)
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