Il paradosso di Alexy : una critica all’argomento della pretesa di correttezza

The claim to correctness – an argument proposed by Robert Alexy – has often been considered as one of
the strongest proofs for the thesis that there are necessary connections between law and morals. In the
present essay, we endeavour to develop a critical analysis of this argument. More specifically, we shall
explore the thesis that there is a necessary qualifying connection between every single norm and the
claim to correctness: by means of this connection, every speech act that issues a norm necessarily raises a
claim to correctness; accordingly, if we issue a norm and, at the same time, deny explicitly its
correctness, we end up by producing a performative contradiction that makes the norm defective.
Against Alexy’s view we shall maintain that in this case there is not performative contradiction at all:
that the claim to correctness has nothing to deal with the (normative version of) Moore’s paradox.
Finally, we will argue that our results apply also to legal norms.