Alexy’s approach (2015, pp. 61-76) to legal interpretative arguments is relevant both in elucidating the link between linguistic argument and the principles of legislative authority, democracy, separation of powers, and the rule of law, and in establishing provisional hierarchies between interpretative arguments.
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Provisional hierarchies between legal interpretative arguments according to Robert Alexy
According to Alexy (2015, p. 74), there are two types of rules of legal argumentation. The rules of the first type establish when and how arguments should be used, and the rules of the second type define what to do in case of conflict between the rules of the first type.
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Legal Interpretative arguments according to Robert Alexy
Atienza (2002, p. 170) considers Robert Alexy to be one of the main representatives of the aforementioned standard theory of legal argumentation, and Feteris (2017, p. 117) assesses that the theory developed by Alexy is the most elaborate and systematic theory of legal argumentation. For these reasons, I consider it relevant to examine Alexy’s approach to legal interpretative arguments.
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