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On the Nature of Norms

Ratio Juris 27 (2):155-175 (2014)

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  1. The Purity Thesis.Stanley L. Paulson - 2018 - Ratio Juris 31 (3):276-306.
    Hans Kelsen’s purity thesis is the basic methodological principle of the Pure Theory of Law. Indeed, it is no exaggeration to say that virtually everything that is peculiar to Kelsen’s legal theory stems from the purity thesis. This includes Kelsen’s normativism or non‐naturalism and his polemic against various dualisms in legal science. I set out Kelsen’s position on these issues after looking at the nomenclature of purity in his writings as well as the philosophical and contextual sources of purity as (...)
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  • On the Connection between Law and Morality: Some Doubts about Robert Alexy’s View.Peter Koller - 2020 - Ratio Juris 33 (1):24-34.
    The paper aims at a critical discussion of Alexy’s conception of the relationship between law and morality, which is known to insist on their necessary connection. After a brief recapitulation of this conception, the author scrutinizes three of its essential elements: the thesis of the dual nature of law, the argument from law’s claim to moral correctness, and the idea of an objective morality. Finally, he sketches his own position which, in some respects, resembles Alexy’s view, but also differs from (...)
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  • What Is the Ideal Dimension of Law?Lorenz Kaehler - 2024 - Ratio Juris 37 (3):210-229.
    Various authors have claimed that law has an ideal dimension owed to a claim to correctness. Against this thesis, this article argues that there are several ideal dimensions of law, namely, a moral, a legal, and an ontological one. All of them are independent of a claim to correctness. This claim can be understood in a strong and a weak way. Both versions are wanting because law claims neither that it is morally ideal nor that it is not grossly unjust. (...)
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