The Relation Between Morality And Law In “Paleopositivism” And Ius Positivism. Contributions To A Chronicle

Ius Humani

Jorge Guillermo Portela¹ 

[1] Internacional de la Universidad Autónoma del Caribe;

关键词: Derecho;    Moral;    formalismo;    positivismo jurídico;    justicia;   

DOI  :  

来源: DOAJ

【 摘 要 】

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.

【 授权许可】

Unknown