THE LEGAL CONCEPTIONS BY ROBERT ALEXY AND LON FULLER

Year: 
2015

Article:

Issue: 
6

Author(s): 
Arkhipov Sergey
Abstract: 

The article researches the legal views by Robert Alexy and Lon Fuller that are the modern versions of anti-positivist interpretation of law. The central issue, raised by both scientists, touches upon the relationship between moral and law. The author analyzes in detail the problem of effectiveness of legal system discussed in Alexy’s and Fuller’s works. Also, the dual-nature thesis, or the synthesis of two origins in law – ideal and real (factual); the problem of ultimate inequity of law (R. Alexy); the distinction ought to be made between a moral of duty and a moral of intention; and the matter of «internal morality of law» (L. Fuller) are examined.

Key words: 

theory of law, anti-positivism, moral, validness of law, dual nature of law, ultimate inequity of law

Text of the article: 
English