About the dual nature of law by Robert Alexy

Abstract

The central argument of Robert Alexy’s thesis is developed, concerning the dual nature of Law that includes a real or factual dimension, and another, ideal or critical. This thesis is inconsistent with both the exclusive legal positivism and the inclusive legal positivism, and with some thesis of non-positivism in its extreme version. The dual nature of law expresses and justifies by Gustav Radbruch´s formula which states that the “extreme injustice is not Law” on the one hand, and
by the argument of moral correctness on the other. As a result of this analysis, the definition of the Law is something that depends on social facts in what the Law should be.