The claim to correctness – an argument proposed by Robert Alexy – has often been considered as one of the strongest proofs for the thesis that there are necessary connections between law and morals. In the present essay, we endeavour to develop a critical analysis of this argument. More specifically, we shall explore the thesis that there is a necessary qualifying connection between every single norm and the claim to correctness: by means of this connection, every speech act that issues a norm necessarily raises a claim to correctness; accordingly, if we issue a norm and, at the same time, deny explicitly its correctness, we end up by producing a performative contradiction that makes the norm defective. Against Alexy’s view we shall maintain that in this case there is not performative contradiction at all: that the claim to correctness has nothing to deal with the (normative version of) Moore’s paradox. Finally, we will argue that our results apply also to legal norms.
Il paradosso di Alexy : una critica all’argomento della pretesa di correttezza / F. Poggi, A. Sardo. - In: DIRITTO & QUESTIONI PUBBLICHE. - ISSN 1825-0173. - 19:1(2019), pp. 183-208.
Il paradosso di Alexy : una critica all’argomento della pretesa di correttezza
F. Poggi
;
2019
Abstract
The claim to correctness – an argument proposed by Robert Alexy – has often been considered as one of the strongest proofs for the thesis that there are necessary connections between law and morals. In the present essay, we endeavour to develop a critical analysis of this argument. More specifically, we shall explore the thesis that there is a necessary qualifying connection between every single norm and the claim to correctness: by means of this connection, every speech act that issues a norm necessarily raises a claim to correctness; accordingly, if we issue a norm and, at the same time, deny explicitly its correctness, we end up by producing a performative contradiction that makes the norm defective. Against Alexy’s view we shall maintain that in this case there is not performative contradiction at all: that the claim to correctness has nothing to deal with the (normative version of) Moore’s paradox. Finally, we will argue that our results apply also to legal norms.File | Dimensione | Formato | |
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