Academic

Alexander on Alexy

By Lawrence Solum

Larry Alexander (University of San Diego School of Law) has posted Legal Objectivity and the Illusion of Legal Principles (RIGHTS, LAW AND MORALITY. THEMES FROM THE LEGAL PHILOSOPHY OF ROBERT ALEXY, M. Klatt, ed., Oxford University Press, 2009, San Diego Legal Studies Paper No. 08-069) on SSRN. Here is the abstract:

In this essay I approach the topic of legal objectivity by analyzing law's possible relationships with morality, rules, standards, and principles. I argue that law's function is to settle moral controversies, which renders problematic law's incorporation of morality and points to the moral desirability of determinate rules, even though such rules will conflict with morality. I argue that legal rules can be objective. On the other hand, I deny that there are any norms that can play the role that so-called "legal principles" are said to play, whether in Dworkin's account of them or in Alexy's.

Highly recommended--Alexander's pursuit of this line has been sustained, relentless, and persuasive.  If you aren't familiar with his approach to law, morality, and objectivity, this essay provides a nice point of entry.

Full post as published by Legal Theory Blog on August 28, 2008 (boomark / email).