Title
On the necessity of the interconnection between law and morality On the necessity of the interconnection between law and morality
Author
Faculty/Department
Faculty of Law
Publication type
article
Publication
Oxford ,
Subject
Law
Source (journal)
Ratio juris. - Oxford
Volume/pages
18(2005) :1 , p. 64-83
ISSN
0952-1917
Carrier
E
Target language
English (eng)
Full text (Publishers DOI)
Abstract
Abstract. By taking issue with Robert Alexy's claim to correctness, I attempt to cast light on the nature of the necessity that pertains to the claim. With respect to it, I argue that it should be understood as deriving from the metaphysical requirements for normative knowledge in general. These requirements are shown to include a general norm of autonomy which is a priori and necessary, and comprises a minimal morality. The line of reasoning is compatible with discourse theory, but does not presuppose it; therefore more far-reaching conclusions can be drawn.