DISCUSSION AND UNDERSTANDING OF LAW IN 20TH CENTURY
DISCUSSION AND UNDERSTANDING OF LAW IN 20TH CENTURY
Author(s): Jarmila ChovancováSubject(s): Ethics / Practical Philosophy, Social Norms / Social Control, Philosophy of Law
Published by: Univerzita Komenského v Bratislave
Keywords: rules; principles; iusnaturalism; iuspositivism; utilitarism; legal standards; morality; law; justice; norms; rule; inner morality; morality of aspiration; normative system;
Summary/Abstract: Dominant discussion is understanding law and morality which represents neverending story. The article analyzes positive law in 20th century represented by H.L. A Hart and natural law development by L.L. Fuller and R. Alexy. Twentieth century can be called a period during which natural law has been shifted towards more positivism within the natural law. Positive law can be understood as a doctrine based on the Bentham’ s utilitarism which didn’ t accept other normative systems to be involved into concept of law. Prominent representatives of this theory have completely excluded moral content of the legal standards and they consider these to be irrelevant for the validity of the law. According to them evaluating standards through moral criteria is not appropriate because this brings chaos into the jural thinking.
Journal: Bratislava Law Review
- Issue Year: 1/2017
- Issue No: 2
- Page Range: 137-144
- Page Count: 8
- Language: English