Derecho y moral, una necesidad recíproca
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Universidad de Salamanca
info
ISSN: 1315-3463
Year of publication: 2009
Issue: 20
Pages: 133-156
Type: Article
More publications in: Filosofía: revista del postgrado de Filosofía de la Universidad de los Andes
Abstract
The problem with the relationship between law and morality is a complex one, and it has been studied from several angles. In this article I approach the above mentioned relationship through a functional perspective, examining the role law plays with respect to morality and morality with respect to law. What I try to show, refuting one of the basic thesis traditionally held by legal positivism, is that both normative orders are in an imperious need of each other in such a way that makes their relationship truthfully necessary and not just a contingent one, as legal positivism sustains.