Claim to Correctness and the Necessary Connection between Law and Morality by Robert Alexy

The concept of claim to correctness has been progressively elaborated by Alexy, who in the 1970s analyzed it within the procedural (formal) framework of discourse theory. The claim to correctness is the validity claim necessarily connected to practical discourse (Habermas). Since legal discourse is a special case of general practical discourse (Alexy), it also necessarily raises this claim.
In the 1990s Alexy addressed the substantial (material) dimension of the claim to correctness by connecting it to the claim to justice. The necessary connection between Law and Morality is clear in hard cases, in the event of a legal gap. Judges must make decisions even when positive law is omissive and must justify their decisions. As a special case, legal discourse is based on general practical discourse – which comprises moral arguments (besides ethical and pragmatic arguments). These arguments must fill the legal gap, which again demonstrates the necessary connection between Law and Morality.