Abstract

LEIVA RABAEL, Antonio. Correction and Facticity:. Rev. Derecho [online]. 2018, n.18, pp.139-164. ISSN 1510-3714.  https://doi.org/10.22235/rd.v18i2.1707.

This article intends a description of the Robert Alexy´s theory of correction and especial case, and which responses are possible to give to one of the most prestigious critics risen against it, which is that Jürgen Habbermas develops in his Between Facts and Norms opera. For this, shall be explained the essential matters in order to understand the concept of law which comes from this theory, and the most important arguments to demonstrate it. Below, will be shown the methodological iuspositivism main thesis, in order to present the fundamental critics developed by Habbermas to the alexian thesis of especial case, and the connection between law and justice. Finally, answers to that critics shall be proposed.

Keywords : correction; thesis of connection; theory of special case; no-positivism; democratic principle..

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