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Fondazione della ragione pratica, diritto e teoria del discorso

journal contribution
posted on 2015-10-07, 08:47 authored by Stefano Bertea
This essay is to be understood as primarily a discussion of Robert Alexy's treatment of practical reason and law. After a concise presentation of Alexy's theory of law and practical reason, I move to critically engage with Alexy’s foundation of practical reason shaped by a weak transcendental - pragmatic argument, which in its present form, I will claim , can only show why sometimes we ought to follow the guidance of practical reason, a nd which consequently makes the authority of practical reason ultimately dependent on individual decision. This in turn makes practical reason a contingent notion, and less attractive for it from a Kantian perspective . Yet we can avoid that outcome — and still preserve Alexy’s comprehensive conception of law as practical reason — by strengthening his foundational argument. This is something I intend to do in the second part of the paper, where , by building on the idea of constitutive necessity I put forward a transcendental foundation of practical reason, thereby resting Alexy’s conception of law as practical reason on a noncontingent basis. [Full paper is in Italian]

History

Citation

Diritto e Questioni Pubbliche, 2015 (2/2015)

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

  • AM (Accepted Manuscript)

Published in

Diritto e Questioni Pubbliche

issn

1825-0173

Acceptance date

2015-08-26

Copyright date

2015

Available date

2015-10-07

Publisher version

http://www.dirittoequestionipubbliche.org/page/archivi/index.htm

Language

en

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