In this article the author adduces a non‐positivist argument for a necessary connection between law and morality; the argument is based on the claim to correctness, and it is directed to an attack stemming from Eugenio Bulygin. The heart of the controversy is the claim to correctness. The author first attempts to show that there are good reasons for maintaining that law necessarily raises a claim to correctness. He argues, second, for the thesis that this claim has moral implications. Finally, (...) he attempts to refute Bulygin's objection that the claim‐based argument for non‐positivism boils down to contradiction and triviality. (shrink)

This paper criticizes Alexy's argument on the necessary connection between law and morality. First of all, the author discusses some aspects of the notion of the claim to correctness. Basically, it is highly doubtful that all legal authorities share the same idea of moral correctness. Secondly, the author argues that the claim to correctness is not a defining characteristic of the concepts of “legal norm” and “legal system”. Hence, the thesis of a necessary connection between law and morality based on (...) such claim cannot be accepted. (shrink)

The paper highlights a certain kind of self-falsifying utterance, which I shall call antiperformative assertions, not noted in speech-act theory thus far. By taking such assertions into account, the old question whether explicit performatives have a truth-value can be resolved. I shall show that explicit performatives are in fact self-verifyingly true, but they are not related to propositions the way ordinary assertions are; antiperformatives have the same unusual relation to propositions, but are self-falsifyingly false. Explicit performatives are speech acts performed (...) in situations where it is important that the speaker is self-reflectively aware of what he is doing in the speech act. Antiperformatives, on the other hand, are speech acts performed in situations where lack of direct self-reflectiveness is required. In order to situate performatives and antiperformatives, the analysis is embedded within a more general discussion of self-falsifying and self-verifying assertions. (shrink)