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All Journal Ius Humani. Law Journal
Jorge Guillermo Portela
Internacional de la Universidad Autónoma del Caribe; Pontificia Universidad Católica Argentina “Santa María de los Buenos Aires”
Arts Humanities Law, Crime, Criminology & Criminal Justice

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La relación entre moral y derecho en el paleopositivismo y el positivismo Jurídico Jorge Guillermo Portela
Ius Humani. Jornal do direito Vol 4 (2014)
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.143 KB) | DOI: 10.31207/ih.v4i0.56

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.
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