The Claim to Correctness and Moral Constraints on Law: a Critic to the Separability Thesis

Abstract

This essay explains the claim to correctness and its moral constraints on law, according to\xa0Alexy’s theory of law. In order to explain this, in a first section I expose the concept and\xa0normative nature of the claim to correctness in the work of Robert Alexy, while in a second\xa0section I present some replies raised both by Eugenio Bulygin and Joseph Raz to this claim. In\xa0the third section I connect this claim with the idea of moral constraints on law, and finally, in\xa0the fourth section, I expose my remarks to the claim of correctness, which aims to reduce the\xa0degree of arbitrariness and injustice in law, but only at some extent.