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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Archivio Istituziona...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
Rechtstheorie
Article . 2016 . Peer-reviewed
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Do the Right Thing! – Robert Alexy and the Claim to Correctness

Authors: F. Poggi; A. Sardo;

Do the Right Thing! – Robert Alexy and the Claim to Correctness

Abstract

The claim to correctness is one of the main arguments adduced by Robert Alexy in defence of his inclusive non-positivism (Nichtpositivismus), that is, the thesis that there is a necessary connection between law and ideal morality. This essay aims to criticize that argument and, in particular, the thesis according to which every legal speech act that poses a norm necessarily claims correctness. Through both a critical reconstruction of Alexy’s argument, which detects the presence of some ambiguities in its key concepts, and a comparison with Moore’s Paradox and some of the explanations for this, we argue that that thesis is false, and that there can be non-defective (legal) norms that expressly do not lay down any claim to correctness.

Country
Italy
Related Organizations
Keywords

Robert Alexy ; Claim to Correctness ; inclusive non-positivism, Robert Alexy; claim to correctness; inclusive non-positivism; Moore’s Paradox; normative speech act

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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