Право и морал
Проблемът за юридическата валидност в прочита на съвременния правен позитивизъм
Année de publication
2017
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Frais de livraison:
9 USD
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The formal pattern of frequency in the monographic study of the subject comes to show that the accumulated answers to law and morality need periodically to be summed up and put forward - to be brought to the scientific community's court, and then to be aged, covered with dust and waiting the critique of the future theory of the relationship between law and morality. All this makes the task of the debtor very responsible. In my experience in this regard, I try to formulate legal conclusions and ask moral questions without intruding the reader's own value answers. I focus my attention on the importance of morality for legal validity because it is precisely this aspect that brings about fundamental problems of legal knowledge: is it necessary for a rule to be moral in order to recognize it as a rule of law? Can we deny the rule of law if it is immoral? Why does the legislator speak with moral notions and which moral system he refers to? How can we explain the impact of morality on court decisions?