Green sobre la Moral en Derecho
Leslie Green (University of Oxford - Faculty of Law) ha publicado en SSRN The Morality in Law. Aquí está el abstract.
This paper tests the claim, made by H.L.A. Hart, that nothing is a legal
system that fails to include certain obligations familiar in morality .
This ‘minimum content’ thesis was rejected by Hans Kelsen, among
others. Hart’s arguments for the minimum content thesis are unsound; but
the thesis is correct and a different defense of it is offered. Two
general worries about the thesis are then addressed. Brian Leiter argues
that, since law is an artefact, it has no essential properties at all
and, a fortiori, no essential content. This is shown to involve several
errors. Others argue that Hart’s view about the relation between law and
morality is not a theoretical thesis at all: it is the practical thesis
that we should try to improve law by improving the concept of law. It
is shown that this is not a possible interpretation of any of Hart’s
arguments: ‘normative positivism’ has no Hartian foundations.
- Como todo lo de Green, recomendado.