The relationship between law and morality, a legal-philosophical question without a solution? A reading of the Alexy-Bulygin debate from classical legal realism
Between two of the greatest exponents of current legal philosophy, Robert Alexy and Eugenio Bulygin, a debate took place around the concept of law and the relationship between law and morality. The first expounded the non-positivist thesis that there is a necessary conceptual relationship between bo...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Centro de Estudios de Filosofía Clásica, Instituto de Filosofía, Facultad de Filosofía y Letras, Universidad Nacional de Cuyo
2024
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| Acceso en línea: | https://revistas.uncu.edu.ar/ojs3/index.php/opusculo/article/view/8286 |
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| Sumario: | Between two of the greatest exponents of current legal philosophy, Robert Alexy and Eugenio Bulygin, a debate took place around the concept of law and the relationship between law and morality. The first expounded the non-positivist thesis that there is a necessary conceptual relationship between both regulatory orders of human behavior. For his part, the professor at the University of Buenos Aires, co-author of “Normative Systems”, consistent with his legal positivist position, denied that such a link exists, placing emphasis on criticizing the argument of the claim for correction. This work aims to make a critical reading of both positions in light of the natural law conception of law presented by classical legal realism. It is noted that despite the clarity and forcefulness of the arguments expressed by both authors, in their debate there remain unanswered questions whose answers we could find from a thorough study of the classical texts of Saint Augustine, Aristotle and Saint Thomas. |
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