Robert Alexy

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Robert Alexy
Robert alexy.jpg
Born (1945-09-09) 9 September 1945 (age 79)
NationalityGerman
Alma mater University of Göttingen
Awards Order of Merit of the Federal Republic of Germany (2010)
Scientific career
Fields Law
Institutions University of Kiel
Doctoral advisor Ralf Dreier
Doctoral students Mattias Kumm

Robert Alexy (born 9 September 1945 in Oldenburg, Germany) is a jurist and a legal philosopher.

Contents

Alexy studied law and philosophy at the University of Göttingen. He received his J.D. in 1976 with the dissertation A Theory of Legal Argumentation, and he achieved his Habilitation in 1984 with a Theory of Constitutional Rights.

He is a professor at the University of Kiel [1] and in 2002 he was appointed to the Academy of Sciences and Humanities at the University of Göttingen. [2] In 2010 he was awarded the Order of Merit of the Federal Republic of Germany. [3]

Since 2008 the Universities of Alicante, Buenos Aires, Tucumán, Antwerp, National University of San Marcos in Lima, Prague, Coimbra, Porto Alegre, Belo Horizonte, Chapecó, Rio de Janeiro and Bogotá awarded him the honorary doctorate degree. [4]

Natural law theory

Alexy's definition of law looks like a mix of Kelsen's normativism (which was an influential version of legal positivism) and Radbruch's legal naturalism (Alexy, 2002), but Alexy's theory of argumentation (Alexy, 1983) puts him very close to legal interpretivism.

In The Argument From Injustice, Alexy defends Radbruch's formula that injust or evil laws only lose their legal validity when they deliberately disavow justice and equality. He formulated law's relationship to morality on three theses:

At the heart of his theory is the claim to correctness: Law must necessarily claim to be correct, no matter how corrupt, lest it be self-contradictory and fundamentally illogical. As law coerces behaviour and gives individuals decisive reasons for acting, the correctness it claims must also be moral.

Publications

Further reading

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References

  1. "Prof. Dr. Dr. h.c. mult. Robert Alexy". CAU. Retrieved 22 January 2011.
  2. "Mitglieder". University of Göttingen. Retrieved 22 January 2011.
  3. "Professor Robert Alexy erhält das Verdienstkreuz 1. Klasse" (in German). Christian-Albrechts-Universität. 20 April 2010. Retrieved 22 January 2011.
  4. "CV Professor Robert Alexy" (in German). Christian-Albrechts-Universität. 9 December 2016. Retrieved 9 December 2016.