Legal theories between positivism and natural law

Abstract

Eugenio Bulygin’s criticism of Robert Alexy’s legal theory, particularly of his «argument from injustice», provoked a reaction by Alexy, from which a rich discussion emerged, through six papers. This discussion enabled Alexy to profit from Bulygin’s clarity of analysis and insight, and develop a systematic framework, in which he distinguished different approaches to the positivity of law. It is not the purpose of this paper to take sides or to try to explore critical junctures of the discussion.