Kialo requires cookies to work correctly.
Should law and morality be related and have regarded for each other?
Supporters of positivism sees the law and morality as separate. The validity of a law should not depend on whether it is good or bad. If it has been made correctly, it should be followed.
Positivism still allows for moral considerations to be part of the content of the law. Positivism simply apposes the use of morality as part of the mix of what law itself is.
contends that the very distinction between facts and values in the legal domain, between what the law is and what it ought to be, is much more blurred than Legal Positivism would have it.
Determining what the law is in particular cases inevitably depends on moral-political considerations about what it ought to be.
Evaluative judgments, about the content law ought to have or what it ought to prescribe, partly determine what the law actually is.