Ethics and law at the postmodernism
DOI:
https://doi.org/10.17533/udea.esde.850Keywords:
law, morality, practical philosophy, moral philosophy (ethics), philosophy of law, legal positivism, legal constructivism, separation thesis, linking thesis, axiological neutrality, correction pretensionAbstract
This paper makes a descriptive analysis of the philosophy of law discussion raised among the jurists of Postmodernism around the conceptual problem of relations between law and morality. The analysis focuses on the dispute between conceptual positivists and legal constructivists, from the so-called “theory of separation” and “linking thesis”, respectively. Alike, proposes from philosophical analysis criteria, a conceptual distinction between the pairs “ethics” (moral philosophy) - “moral” and “philosophy of law” - “law” to delimit the “speech-knowledge” from “speeches-object”, in order to establish as part of the proposed conceptual analysis, the speechknowledge of ethics and philosophy of law.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
Estudios de Derecho is governed by the following regulation: Political Constitution of Colombia, article 61; Law 23 of 1982, articles 1 and 2; Law 44 of 1993, chapter II, article 6 and chapter IV, article 51; Law 599 of 2000 through which the Penal Code is issued, articles 270, 271 and 272. In addition, the journal is governed by the guidelines of the National Copyright Directorate and the World Intellectual Property Organization (WIPO) for Colombia. Finally, it abides by Rectoral Resolution 21231 of 5 August, 2005, through which the Statute on Intellectual Property is issued.
Authors who publish in Estudios de Derecho continue to retain their rights, however, they should bear in mind that the contents of the journal are under a Creative Commons Attribution-Noncommercial-ShareAlike license. In this sense, The material created may be distributed, copied and exhibited by third parties if they credit it. No commercial benefit can be obtained.
