Recht als institutionalisierte Vernunft?
Zu Robert Alexys diskurstheoretischer Konzeption des Rechts
If institutionalizing reason means creating a form of correctness that lies between facticity and ideality, as Robert Alexy claims, then institutionalized reason would be law. A perfect creation would be correct law (richtiges Recht). The instrument offered in Alexy's legal theory for institutionalizing reason is his discourse theory of law. In detail, he offers a discourse-theoretic conception that combines deliberative procedures of practical reason with the procedures manifest in the decision-making bodies of the legal system. Thus, he presents a discourse-theoretic conception of law. The essay conducts an enquiry into this conception, focusing on problems concerning the conception itself as well as problems concerning its discourse-theoretic framework. As a result, it is claimed that Alexy's conception of law is in need of a relativistic turn.
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Document Type: Research Article
Publication date: July 1, 2011
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- Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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