Abstract

If institutionalizing reason means creating a form of correctness that lies between facticity and ideality, as Robert Alexy claims, then institutionalized reason would be law. A perfect creation would be correct law (richtiges Recht). The instrument offered in Alexy’s legal theory for institutionalizing reason is his discourse theory of law. In detail, he offers a discourse-theoretic conception that combines deliberative procedures of practical reason with the procedures manifest in the decision-making bodies of the legal system. Thus, he presents a discourse-theoretic conception of law. The essay conducts an enquiry into this conception, focusing on problems concerning the conception itself as well as problems concerning its discourse-theoretic framework. As a result, it is claimed that Alexy’s conception of law is in need of a relativistic turn.