Principles, rules and weighting: a controversy within the discursive theory of law.

Abstract

This article analyzes the debate among authors linked to the "discursive theory of law". Initially, it demonstrates how Jürgen Habermas, drawing on the arguments of Klaus Günther, rejects the thesis of Robert Alexy on structural distinction between principles and rules. Then outlines how Habermas rejects the "weighting thesis", supported by Alexy as conflict resolution between principles. Finally, draws some conclusions of this controversy.