Abstract

POGGI, FRANCESCA; SARDO, ALESSIO  and  MATEOS DURAN, Arnulfo Daniel. Do the Right Thing! - Robert Alexy and the Claim to Correctness. Rev. Derecho Estado [online]. 2023, n.56, pp.5-42.  Epub May 15, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n56.01.

This essay aims to evaluate the argument from the claim of correctness proposed by Robert Alexy in defence of his inclusive non-positivism. The argument from correctness postulates that participants within a legal system necessarily lay claim to correctness, where "participant" is to be understood as somebody who is seeking the correct legal answer inside a given normative system. Through a comparison with Moore's Paradox, it will be proposed that an expression of will (or desire), rather than a claim to correctness, is involved in every normative speech act. The latter, with the aim to overturn the thesis according to which every legal speech act claims correctness.

Keywords : Claim to correctness; legal speech act; Moore's Paradox; argument of injustice.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )