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  1. Neil MacCormick's Second Thoughts on Legal Reasoning and Legal Theory. A Defence of the Original View.Aldo Schiavello - 2011 - Ratio Juris 24 (2):140-155.
    This paper offers a diachronic reconstruction of MacCormick's theory of law and legal argumentation: In particular, two related points will be highlighted in which the difference between the perspective upheld in Legal Reasoning and Legal Theory and the later writings is particularly marked. The first point concerns MacCormick's gradual break with legal positivism, and more specifically the thesis that the implicit pretension to justice of law proves legal positivism false in all its different versions. The second point concerns MacCormick's acceptance (...)
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  • The Limits of Institutionalised Legal Discourse.Emmanuel Melissaris - 2005 - Ratio Juris 18 (4):464-483.
    . One of the most powerful accounts of the necessary connection between law and morality grounded on the openness of communication is provided by Robert Alexy, who builds a discourse theory of law on the basis of Habermas’ theory of general practical discourse. In this article I argue that the thesis based on the openness of legal discourse is problematic in that it does not provide a convincing account of the differentiation of legal discourse from other practical discourses. I offer (...)
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