Law and Correctness

Abstract

The main thesis of this chapter is that law necessarily raises a claim to correctness and that this necessary connection between law and correctness implies a conceptually necessary connection between law and morality that goes beyond the scope of a positivistic concept of law. Many objections have been raised to the claim to correctness thesis. Of special significance is the argument that it is, indeed, possible to raise the claim to correctness, but that it is not necessary. The reply presented here is that the claim to correctness is necessary relative to a practice that is essentially defined by the distinction of true or correct and false or wrong. This practice, however, is of a special kind. Indeed, one can try to dismiss the categories of truth, correctness, and objectivity. But if we should succeed in doing so, our speaking and acting would be essentially different from what they are now.