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On the Thesis of a Necessary Connection between Law and Morality: Bulygin's Critique[Note 1. Paper presented at the round table on “Constitutionalism and ...]
Author(s) -
Alexy Robert
Publication year - 2000
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/1467-9337.00146
Subject(s) - positivism , contradiction , morality , correctness , argument (complex analysis) , philosophy , connection (principal bundle) , epistemology , law , obligation , political science , computer science , mathematics , biochemistry , chemistry , geometry , programming language
In this article the author adduces a non‐positivist argument for a necessary connection between law and morality; the argument is based on the claim to correctness, and it is directed to an attack stemming from Eugenio Bulygin. The heart of the controversy is the claim to correctness. The author first attempts to show that there are good reasons for maintaining that law necessarily raises a claim to correctness. He argues, second, for the thesis that this claim has moral implications. Finally, he attempts to refute Bulygin's objection that the claim‐based argument for non‐positivism boils down to contradiction and triviality.