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d.The Argument from Principles
Law is not always certain. There are cases where the outcome of a legal question…
According to Alexy, in cases where the legal texture is “open”, it is by definition…
The argument from principles rests on a distinction between rules and principles.…
According to Alexy, this theoretical distinction between rules and principles leads…
The correctness thesis stems from the application of the argument from correctness…
The incorporation thesis argues that legal systems necessarily comprise principles.…
A legal positivist might refuse to accept the foregoing by claiming that these principles…
There are several problems with Alexy’s reasoning here. I will mention just a few
Alexy is aware of potential problems. He argues that even if one can hold that consideration…
The morality thesis aims to refute the positivist claim that while the principles…
***Sayfa 41…
The non-positivist theories of Radbruch and Alexy present themselves as critiques…
c.The Argument from Injustice
II.LEGAL POSITIVISM
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