Robert Alexy is a leading German jurist whose legal theory aligns with non-positivism. He argues that law has a dual nature: factual elements like legality and effectiveness, and moral rightness. This moral dimension, rooted in Radbruch’s formula, is central to his concept of law and distinguishes it from legal positivism. The essay critically examines Alexy’s thesis, presenting his idea of rightness, addressing objections, and evaluating his responses. It concludes that moral rightness is essential to defining law and enables the rejection of unjust norms or systems as non-law. This has practical relevance, especially in addressing past injustices, and marks a significant contribution to legal philosophy. Let me know if you’d like a version tailored for academic use or publication.

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Die Doppelnatur des Rechts und Richtigkeitsbegriff bei Robert Alexy

  • Altan Heper

摘要

Robert Alexy is a leading German jurist whose legal theory aligns with non-positivism. He argues that law has a dual nature: factual elements like legality and effectiveness, and moral rightness. This moral dimension, rooted in Radbruch’s formula, is central to his concept of law and distinguishes it from legal positivism. The essay critically examines Alexy’s thesis, presenting his idea of rightness, addressing objections, and evaluating his responses. It concludes that moral rightness is essential to defining law and enables the rejection of unjust norms or systems as non-law. This has practical relevance, especially in addressing past injustices, and marks a significant contribution to legal philosophy. Let me know if you’d like a version tailored for academic use or publication.