Robert Alexy and the critique of Law Positivist Philosophy Cover Image

Robert Alexy şi critica Filosofiei Pozitiviste a Dreptului
Robert Alexy and the critique of Law Positivist Philosophy

Author(s): Ştefan Munteanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: law concept; law concept and validity; law philosophy; law positivist philosophy

Summary/Abstract: The Paper aims to shape the contribution of the German researcher, Robert Alexy, to the critics of the positivist philosophy of law. I have in my attention the Alexy's courage to restart a debate on an apparently common matter, as the law concept, by comparing it to the moral. The author's conclusion, which I totally accept, is that, inside the dispute with the positive theories, there should win the non-positive theories which sustain the thesis of the existence of a connection of the moral elements in defining the law concept.

  • Issue Year: IV/2015
  • Issue No: 1
  • Page Range: 7-28
  • Page Count: 22