Law and Morality: Separation and Connection
Classified in Philosophy and ethics
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Radical Separation of Law and Morality
Radical separation is a thesis opposed to the previous one. It states that we cannot speak of a connection between law and morality because no such connection exists. This position is based on the idea that the criteria used to classify a behavior as moral or immoral are independent of the criteria used to classify it as legal or illegal.
An example of this position is found in Kelsen's work. His argument for this separation is based on two philosophical theses:
- Moral Relativism: Kelsen believes that all moral values are relative.
- Conception of Rationality and Legal Science: Kelsen is committed to developing a pure theory of law.
By moral relativism, Kelsen means that when we describe or evaluate something... Continue reading "Law and Morality: Separation and Connection" »