On the necessity of the interconnection between law and moralityOn the necessity of the interconnection between law and morality
Faculty of Law
Ratio juris. - Oxford
18(2005):1, p. 64-83
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.