Carsten
Bcker, Kiel
Recht als institutionalisierte Vernunft?
Zu Robert
Alexys diskurstheoretischer Konzeption des Rechts
Abstract: 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 AlexyŐs 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 AlexyŐs conception of law is in need of a
relativistic turn.
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