Please use this identifier to cite or link to this item:
http://hdl.handle.net/2381/33183
Title: | Fondazione della ragione pratica, diritto e teoria del discorso |
Authors: | Bertea, Stefano |
First Published: | 2-Nov-2015 |
Citation: | Diritto e Questioni Pubbliche, 2015 (2/2015) |
Abstract: | 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] |
ISSN: | 1825-0173 |
Links: | http://www.dirittoequestionipubbliche.org/page/archivi/index.htm http://hdl.handle.net/2381/33183 |
Version: | Post-print |
Status: | Peer-reviewed |
Type: | Journal Article |
Rights: | Copyright © 2015, Diritto & questioni pubbliche, all rights reserved. Archived with express permission by the publisher. |
Appears in Collections: | Published Articles, School of Law |
Files in This Item:
File | Description | Size | Format | |
---|---|---|---|---|
Bertea. Fondazione della ragione pratica, diritto e teoria del discorso 27 agosto 2015.doc | Post-review (final submitted) | 235 kB | Microsoft Word | View/Open |
Bertea. Fondazione della ragione pratica, diritto e teoria del discorso 27 agosto 2015.pdf | Post-review (final submitted) | 313.59 kB | Adobe PDF | View/Open |
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