THE RELATION BETWEEN MORALITY AND LAW IN “PALEOPOSITIVISM” AND IUS POSITIVISM. CONTRIBUTIONS TO A CHRONICLE
Journal Title: Ius Humani. Revista de Derecho - Year 2014, Vol 4, Issue 2
Abstract
In this paper, a historical chronicle of relations between morality and law´s done, as they have been conceived by legal positivists, since Austin´s developments until Hart´s propositions; most of them have been put forth since 1960, in the middle of XX Century. It is interesting note that, from a position that deny any possibility of a metaphysics, in which a value-neutrality was postulated, as it happened with Austin´s and Kelsen´s thesis, then was developed the idea that a link between morality and law is not only possible, but even necessary. The author has come to the conclusion that last Hart´s admission of a “soft” positivismo including a certain moral idea has made possible to obtain a stream of fresh air for the general theory of law and one contribution for the protection of the human rights. This has let a true advance in contemporary juridical ideas development.
Authors and Affiliations
Jorge Guillermo Portela
Keywords
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- EP ID EP36068
- DOI https://doi.org/10.31207/ih.v4i0.56
- Views 396
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