In search of moral foundations of law: debate on nature of inclusive legal positivism

Authors

DOI:

https://doi.org/10.25206/2542-0488-2021-6-4-119-123

Keywords:

law, morality, inclusive legal positivism, exclusive legal positivism, moral grounds of law, judicial discretion, H. Hart, W. Waluchov, K. Himma

Abstract

The paper is devoted to the analysis of the arguments of foreign jurists about the nature and advantages of inclusive legal positivism as a legal theory that justifies the existence of moral foundations of the legal system. Examples from judicial practice are considered, as well as key theoretical approaches that reveal the necessary and sufficient features of inclusive legal positivism, as well as its subject specifics and basic provisions on the relationship between law and morality. The paper is prepared within the framework of the HSE research project «Applied Ethics».

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Author Biography

Anton Borisovich Didikin, National Research University Higher School of Economics, Moscow, Russia

Doctor of Philosophical Sciences, Candidate of Law, Professor of School for Theory of Law and Cross-Sectoral Legal Disciplines of Law Department.

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Published

2021-12-03

How to Cite

Didikin А. Б. (2021). In search of moral foundations of law: debate on nature of inclusive legal positivism. Omsk Scientific Bulletin. Series Society. History. Modernity, 6(4), 119–123. https://doi.org/10.25206/2542-0488-2021-6-4-119-123

Issue

Vol. 6 No. 4 (2021)

Section

Philosophy

Categories

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Non-exclusive rights to the article are transferred to the journal in full accordance with the Creative Commons License BY-NC-SA 4.0 «Attribution-NonCommercial-ShareAlike 4.0 Worldwide License (CC BY-NC-SA 4.0»)

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