Moral neutrality as legal value: critical analysis of philosophical and legal arguments of A. V. Nekhaev
The article is devoted to the analysis of the arguments expressed by A. V. Nekhaev in his paper with the criticism of the positivist model of law proposed by H. Hart and J. Raz. On the basis of modern trends and discussions in the analytical philosophy of law the author shows the groundlessness o...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Omsk State Technical University, Federal State Autonomous Educational Institution of Higher Education
2019-09-01
|
| Series: | Омский научный вестник: Серия "Общество. История. Современность" |
| Subjects: | |
| Online Access: | https://www.omgtu.ru/general_information/media_omgtu/journal_of_omsk_research_journal/files/arhiv/2019/%D0%A2.%204,%20%E2%84%96%203%20(%D0%9E%D0%98%D0%A1)/99-103%20%D0%94%D0%B8%D0%B4%D0%B8%D0%BA%D0%B8%D0%BD%20%D0%90.%20%D0%91..pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | The article is devoted to the analysis of the arguments expressed by A. V. Nekhaev
in his paper with the criticism of the positivist model of law proposed by H. Hart and
J. Raz. On the basis of modern trends and discussions in the analytical philosophy
of law the author shows the groundlessness of the proposed hypothetical division
into «calorie» and «dietary» theories in the question of the distinction between
law and morality. It is noted that the classification should take into account the
flexibility of positivist argumentation and the impossibility of accurate identification
of philosophical and legal theories in modern conditions. The author concludes that
moral neutrality in the application of legal norms is a legal value that contributes to
the rule of law in theoretical discussions and in practice |
|---|---|
| ISSN: | 2542-0488 2541-7983 |